Section 28-12-507 – PROOF OF MARKET RENT — TIME AND PLACE.
28-12-507. PROOF OF MARKET RENT — TIME AND PLACE. (1) Damages based on market rent (section 28-12-519 or 28-12-528) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in sections […]
Section 28-12-508 – LESSEE’S REMEDIES.
28-12-508. LESSEE’S REMEDIES. (1) If a lessor fails to deliver the goods in conformity to the lease contract (section 28-12-509) or repudiates the lease contract (section 28-12-402), or a lessee rightfully rejects the goods (section 28-12-509) or justifiably revokes acceptance of the goods (section 28-12-517), then with respect to any goods involved, and with respect […]
Section 28-12-509 – LESSEE’S RIGHTS ON IMPROPER DELIVERY — RIGHTFUL REJECTION.
28-12-509. LESSEE’S RIGHTS ON IMPROPER DELIVERY — RIGHTFUL REJECTION. (1) Subject to the provisions of section 28-12-510 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 […]
Section 28-12-510 – INSTALLMENT LEASE CONTRACTS — REJECTION AND DEFAULT.
28-12-510. INSTALLMENT LEASE CONTRACTS — REJECTION AND DEFAULT. (1) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within […]
Section 28-12-511 – MERCHANT LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
28-12-511. MERCHANT LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS. (1) Subject to any security interest of a lessee (section 28-12-508(5)), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his possession or control, shall follow any reasonable instructions […]
Section 28-12-512 – LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
28-12-512. LESSEE’S DUTIES AS TO RIGHTFULLY REJECTED GOODS. (1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (section 28-12-511) and subject to any security interest of a lessee (section 28-12-508(5)): (a) The lessee, after rejection of goods in the lessee’s possession, shall hold them with reasonable care at […]
Section 28-12-404 – SUBSTITUTED PERFORMANCE.
28-12-404. SUBSTITUTED PERFORMANCE. (1) If, without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and […]
Section 28-12-513 – CURE BY LESSOR OF IMPROPER TENDER OR DELIVERY — REPLACEMENT.
28-12-513. CURE BY LESSOR OF IMPROPER TENDER OR DELIVERY — REPLACEMENT. (1) If any tender or delivery by the lessor or the supplier is rejected because 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 […]
Section 28-12-405 – EXCUSED PERFORMANCE.
28-12-405. EXCUSED PERFORMANCE. Subject to section 28-12-404 on substituted performance, the following rules apply: (1) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with the provisions of subsections (2) and (3) of this section is not a default under the lease contract if performance as […]
Section 28-12-514 – WAIVER OF LESSEE’S OBJECTIONS.
28-12-514. 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 28-12-513); or (b) […]