7-2A-528
Section 7-2A-528 Lessor's damages for nonacceptance, failure to pay, repudiation, or other
default. (1) Except as otherwise provided with respect to damages liquidated in the lease
agreement (Section 7-2A-504) or otherwise determined pursuant to agreement of the parties
(Sections 7-1-302 and 7-2A-503), if a lessor elects to retain the goods or a lessor elects
to dispose of the goods and the disposition is by lease agreement that for any reason does
not qualify for treatment under Section 7-2A-527(2), or is by sale or otherwise, the lessor
may recover from the lessee as damages for a default of the type described in Section 7-2A-523(1)
or 7-2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid
rent as of the date of default if the lessee has never taken possession of the goods, or,
if the lessee has taken possession of the goods, as of the date the lessor repossesses the
goods or an earlier date on which the lessee makes a tender of the goods to the...
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7-2A-531
Section 7-2A-531 Standing to sue third parties for injury to goods. (1) If a third party so
deals with goods that have been identified to a lease contract as to cause actionable injury
to a party to the lease contract (a) the lessor has a right of action against the third party,
and (b) the lessee also has a right of action against the third party if the lessee: (i) has
a security interest in the goods; (ii) has an insurable interest in the goods; or (iii) bears
the risk of loss under the lease contract or has since the injury assumed that risk as against
the lessor and the goods have been converted or destroyed. (2) If at the time of the injury
the party plaintiff did not bear the risk of loss as against the other party to the lease
contract and there is no arrangement between them for disposition of the recovery, his or
her suit or settlement, subject to his or her own interest, is as a fiduciary for the other
party to the lease contract. (3) Either party with the consent of the...
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7-2A-406
Section 7-2A-406 Procedure on excused performance. (1) If the lessee receives notification
of a material or indefinite delay or an allocation justified under Section 7-2A-405, the lessee
may by written notification to the lessor as to any goods involved, and with respect to all
of the goods if under an installment lease contract the value of the whole lease contract
is substantially impaired (Section 7-2A-510): (a) terminate the lease contract (Section 7-2A-505(2));
or (b) except in a finance lease, modify the lease contract by accepting the available quota
in substitution, with due allowance from the rent payable for the balance of the lease term
for the deficiency but without further right against the lessor. (2) If, after receipt of
a notification from the lessor under Section 7-2A-405, the lessee fails so to modify the lease
agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect
to any deliveries affected. (Acts 1992, 2nd Ex. Sess., No....
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7-2A-501
Section 7-2A-501 Default: Procedure. (1) Whether the lessor or the lessee is in default under
a lease contract is determined by the lease agreement and this article. (2) If the lessor
or the lessee is in default under the lease contract, the party seeking enforcement has rights
and remedies as provided in this article and, except as limited by this article, as provided
in the lease agreement. (3) If the lessor or the lessee is in default under the lease contract,
the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce
the lease contract by self-help or any available judicial procedure or nonjudicial procedure,
including administrative proceeding, arbitration, or the like, in accordance with this article.
(4) Except as otherwise provided in Section 7-1-305(a), or this article or the lease agreement,
the rights and remedies referred to in subsections (2) and (3) are cumulative. (5) If the
lease agreement covers both real property and goods, the party...
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7-2A-513
Section 7-2A-513 Cure by lessor of improper tender or delivery; replacement. (1) If any tender
or delivery by the lessor or the supplier is rejected because it is nonconforming and the
time for performance has not yet expired, the lessor or the supplier may seasonably notify
the lessee of the lessor's or the supplier's intention to cure and may then make a conforming
delivery within the time provided in the lease contract. (2) If the lessee rejects a nonconforming
tender that the lessor or the supplier had reasonable grounds to believe would be acceptable
with or without money allowance, the lessor or the supplier may have a further reasonable
time to substitute a conforming tender if he or she seasonably notifies the lessee. (Acts
1992, 2nd Ex. Sess., No. 92-700, p. 92, §513.)...
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7-2A-509
Section 7-2A-509 Lessee's rights on improper delivery; rightful rejection. (1) Subject to the
provisions of Section 7-2A-510 on default in installment lease contracts, if the goods or
the tender or delivery fail in any respect to conform to the lease contract, the lessee may
reject or accept the goods or accept any commercial unit or units and reject the rest of the
goods. (2) Rejection of goods is ineffective unless it is within a reasonable time after tender
or delivery of the goods and the lessee seasonably notifies the lessor. (Acts 1992, 2nd Ex.
Sess., No. 92-700, p. 92, §509.)...
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8-19A-14
Section 8-19A-14 Contract requirements; credit cards; notice of cancellation; returns; purchaser's
rights. (a) A purchase of consumer goods or services ordered as a result of a commercial telephone
solicitation as defined in this chapter, if not followed by a signed written contract, is
not final. If a contract is not made in compliance with this section, it is not valid and
enforceable against the purchaser. The contract made pursuant to a commercial telephone solicitation
shall: (1) Be reduced to writing and be signed by the purchaser. (2) Match the description
of the goods or services as that principally used in the telephone solicitation. (3) Contain
the name, address, telephone number, and registration number of the commercial telephone seller
and the salesperson, the total price of the contract, and a detailed description of the goods
or services being sold. (4) Contain the value or worth of any item, good, or service specified
in Section 8-19A-13, and the basis for the...
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7-2A-213
Section 7-2A-213 Implied warranty of fitness for particular purpose. Except in a finance lease,
if the lessor at the time the lease contract is made has reason to know of any particular
purpose for which the goods are required and that the lessee is relying on the lessor's skill
or judgment to select or furnish suitable goods, there is in the lease contract an implied
warranty that the goods will be fit for that purpose. (Acts 1992, 2nd Ex. Sess., No. 92-700,
p. 92, §213.)...
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7-2A-514
Section 7-2A-514 Waiver of lessee's objections. (1) In rejecting goods, a lessee's failure
to state a particular defect that is ascertainable by reasonable inspection precludes the
lessee from relying on the defect to justify rejection or to establish default: (a) if, stated
seasonably, the lessor or the supplier could have cured it (Section 7-2A-513); or (b) between
merchants if the lessor or the supplier after rejection has made a request in writing for
a full and final written statement of all defects on which the lessee proposes to rely. (2)
A lessee's failure to reserve rights when paying rent or other consideration against documents
precludes recovery of the payment for defects apparent in the documents. (Acts 1992, 2nd Ex.
Sess., No. 92-700, p. 92, §514; Act 2004-315, p. 464, §2.)...
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7-2A-106
Section 7-2A-106 Limitation on power of parties to consumer lease to choose applicable law
and judicial forum. (1) If the law chosen by the parties to a consumer lease is that of a
jurisdiction other than a jurisdiction in which (a) the lessee resides at the time the lease
agreement becomes enforceable or within 30 days thereafter, (b) the goods are to be used,
or (c) the lease is executed by the lessee, the choice is not enforceable. (2) If the judicial
forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction
over the lessee, the choice is not enforceable. (Acts 1992, 2nd Ex. Sess., No. 92-700, p.
92, §106.)...
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