680.503 – Modification or impairment of rights and remedies.
680.503 Modification or impairment of rights and remedies.— (1) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter. (2) Resort to a remedy provided under […]
680.306 – Priority of certain liens arising by operation of law.
680.306 Priority of certain liens arising by operation of law.—If a person in the ordinary course of his or her business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or […]
680.212 – Implied warranty of merchantability.
680.212 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 […]
680.307 – Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.
680.307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.— (1) Except as otherwise provided in s. 680.306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise provided in subsection (3) and in ss. 680.306 and 680.308, a creditor of a lessor takes subject […]
680.213 – Implied warranty of fitness for particular purpose.
680.213 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 […]
680.308 – Special rights of creditors.
680.308 Special rights of creditors.— (1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent or voids the lease contract under any statute or rule of law, but retention of possession in […]
680.214 – Exclusion or modification of warranties.
680.214 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 s. 680.202 on parol or extrinsic evidence, negation or limitation is inoperative […]
680.309 – Lessor’s and lessee’s rights when goods become fixtures.
680.309 Lessor’s and lessee’s rights when goods become fixtures.— (1) In this section: (a) Goods are “fixtures” when they become so related to particular real estate that an interest in them arises under real estate law. (b) A “fixture filing” is the filing, in the office where a mortgage on the real estate would be filed or recorded, of […]
680.215 – Cumulation and conflict of warranties express or implied.
680.215 Cumulation and conflict of warranties express or implied.—Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention, the following rules apply: (1) Exact or technical specifications displace an inconsistent sample […]
680.31 – Lessor’s and lessee’s rights when goods become accessions.
680.31 Lessor’s and lessee’s rights when goods become accessions.— (1) Goods are “accessions” when they are installed in or affixed to other goods. (2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4). (3) The […]