Section 2A-406 – Procedure on Excused Performance
(1) If the lessee receives notification of a material or indefinite delay or an allocation justified under § 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 […]
Section 2A-302 – Title to and Possession of Goods
Except as otherwise provided in this title, each provision of this title applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is […]
Section 2A-303 – Alienability of Party’s Interest Under Lease Contract or of Lessor’s Residual Interest in Goods; Delegation of Performance; Transfer of Rights
(1) As used in this section, “creation of a security interest” includes the sale of a lease contract that is subject to Title 9, Secured Transactions, by reason of § 9-109(a)(3). (2) Except as provided in subsection (3) and § 9-407, a provision in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including a […]
Section 2A-210 – Express Warranties
(1) Express warranties by the lessor are created as follows: (a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. (b) Any description of the goods […]
Section 2A-211 – Warranties Against Interference and Against Infringement; Lessee’s Obligation Against Infringement
(1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor other than a claim by way of infringement or the like, which will interfere with the lessee’s enjoyment of its leasehold […]
Section 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; […]
Section 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 […]
Section 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 § 2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the […]
Section 2A-214.1 – Limitation of Exclusion or Modification of Warranties to Consumers
(1) The provisions of § 2A-214 do not apply to leases of consumer goods, as defined by § 9-109, services, or both. (2) Any oral or written language used by a lessor of consumer goods and services, which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude […]
Section 2A-108 – Unconscionability
(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may […]