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given its extensive involvement in multifaceted business ventures. But Amazon was not a merchant with respect to the batteries. Amazon did not sell these kinds of batteries in a professional capacity or otherwise have any peculiar expertise regarding the batteries. Rather, it merely provided a platform for users to buy batteries from the manufacturer, charging a small fee for doing so. [ See McDonald v. LG Electronics USA, Inc. , 219 F.Supp.3d 533 (D. Md. 2016).] e. Merchant as Including Sellers or Buyers There is a tendency to think of merchants as being primarily the sellers in transactions governed by Article 2. But a merchant can be either a seller or a buyer. Thus, it is often the case that both parties to a sale of goods will be merchants. In this case, the transaction is said to be between merchants. [ See 2 Anderson U.C.C. § 2-104:42 (3d. ed.), Westlaw (database updated Dec. 2020).] f. Farmers as Merchants, or Not Some courts have refused to find that farmers selling their crops are merchants. Other courts have been willing to find that farmers selling their crops can be merchants in the right circumstances. In these courts, a farmer engaged in only casual, isolated, or sporadic sales is unlikely to be found a merchant. A farmer who regularly and systematically sells crops as a meaningful part of her occupation is more likely a merchant. In making this determination, courts should generally consider factors like: how long the farmer has been selling the product to retailers or wholesalers, the farmer’s demonstrated business acumen in dealing with other parties, the farmer’s knowledge of the farm markets, the farmer’s experience or knowledge of the relevant practices unique to the marketing and sale of her products.
[2 Anderson U.C.C. § 2-104:68 (3d. ed.), Westlaw (database updated Dec. 2020).]
6. Between Merchants The term between merchants refers to any transaction in which both parties are chargeable with a merchant’s knowledge or skill. That is, the term references a transaction in which each party satisfies Article 2’s definition of a merchant, be it a merchant with respect to goods of the kind or a merchant concerning the practices involved. [U.C.C. § 2-104(3) (1951); 2 Anderson U.C.C. § 2-104:9 (3d. ed.), Westlaw (database updated Dec. 2020).]
7. Future Goods
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