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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-214
Section 7-2A-214 Exclusion or modification of warranties. (1) Words or conduct relevant to
the creation of an express warranty and words or conduct tending to negate or limit a warranty
must be construed wherever reasonable as consistent with each other; but, subject to the provisions
of Section 7-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative
to the extent that the construction is unreasonable. (2) Subject to subsection (3): (a) to
exclude or modify the implied warranty of "merchantability," or any part of it the
language must mention merchantability, be by a writing, and be conspicuous. Language to exclude
the implied warranty of merchantability is sufficient if it is in writing, is conspicuous
and states, for example, "There is no warranty that the goods will be merchantable."
(b) to exclude or modify any implied warranty of fitness the exclusion must be by a writing
and be conspicuous. Language to exclude all implied warranties of fitness is sufficient...
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7-2-315
Section 7-2-315 Implied warranty: Fitness for particular purpose. Where the seller at the time
of contracting has reason to know any particular purpose for which the goods are required
and that the buyer is relying on the seller's skill or judgment to select or furnish suitable
goods, there is unless excluded or modified under Section 7-2-316 an implied warranty that
the goods shall be fit for such purpose. (Acts 1965, No. 549, p. 811.)...
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7-2A-212
Section 7-2A-212 Implied warranty of merchantability. (1) Except in a finance lease, a warranty
that the goods will be merchantable is implied in a lease contract if the lessor is a merchant
with respect to goods of that kind. (2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the description in the lease agreement; (b)
in the case of fungible goods, are of fair average quality within the description; (c) are
fit for the ordinary purposes for which goods of that type are used; (d) run, within the variation
permitted by the lease agreement, of even kind, quality, and quantity within each unit and
among all units involved; (e) are adequately contained, packaged, and labeled as the lease
agreement may require; and (f) conform to any promises or affirmations of fact made on the
container or label. (3) Other implied warranties may arise from course of dealing or usage
of trade. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §212.)...
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7-2A-508
Section 7-2A-508 Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity
to the lease contract (Section 7-2A-509) or repudiates the lease contract (Section 7-2A-402),
or a lessee rightfully rejects the goods (Section 7-2A-509) or justifiably revokes acceptance
of the goods (Section 7-2A-517), then with respect 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), the lessor is in default under the lease contract
and the lessee may: (a) cancel the lease contract (Section 7-2A-505(1)); (b) recover so much
of the rent and security as has been paid and is just under the circumstances; (c) cover and
recover damages as to all goods affected whether or not they have been identified to the lease
contract (Sections 7-2A-518 and 7-2A-520), or recover damages for nondelivery (Sections 7-2A-519
and 7-2A-520); (d) exercise any other rights or pursue...
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7-2A-103
Section 7-2A-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him or her is in violation of the ownership
rights or security interest or leasehold interest of a third party in the goods, buys in ordinary
course from a person in the business of selling goods of that kind but does not include a
pawnbroker. "Buying" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of title under a pre-existing
contract for sale but does not include a transfer in bulk or as security for or in total or
partial satisfaction of a money debt. (b) "Cancellation" occurs when either party
puts an end to the lease contract for default by the other party. (c) "Commercial unit"
means such a unit of goods as by commercial usage is a single whole for purposes of lease
and...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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7-9A-102
Section 7-9A-102 Definitions and index of definitions. (a) Article 9A definitions. In this
article: (1) "Accession" means goods that are physically united with other goods
in such a manner that the identity of the original goods is not lost. (2) "Account,"
except as used in "account for," means a right to payment of a monetary obligation,
whether or not earned by performance, (i) for property that has been or is to be sold, leased,
licensed, assigned, or otherwise disposed of, (ii) for services rendered or to be rendered,
(iii) for a policy of insurance issued or to be issued, (iv) for a secondary obligation incurred
or to be incurred, (v) for energy provided or to be provided, (vi) for the use or hire of
a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge
card or information contained on or for use with the card, or (viii) as winnings in a lottery
or other game of chance operated or sponsored by a State, governmental unit of a State, or...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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7-2A-524
Section 7-2A-524 Lessor's right to identify goods to lease contract. (1) A lessor aggrieved
under Section 7-2A-523(1) may: (a) identify to the lease contract conforming goods not already
identified if at the time the lessor learned of the default they were in the lessor's or the
supplier's possession or control; and (b) dispose of goods (Section 7-2A-527(1)) that demonstrably
have been intended for the particular lease contract even though those goods are unfinished.
(2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the
purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier
may either complete manufacture and wholly identify the goods to the lease contract or cease
manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value
or proceed in any other reasonable manner. (Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §524.)...
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