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Consumer Warranty Law: 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;

(b) in the case of fungible goods, are of fair average quality within the description;

Consumer Warranty Law: 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 implied warranty that the goods will be fit for that purpose.

Official Comment

Uniform Statutory Source: Section 2-315.

Consumer Warranty Law: 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 Section 2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.

Consumer Warranty Law: Section 2A-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:

(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistent general language of description.

Consumer Warranty Law: Section 2A-506. Statute of Limitations.

(1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one year.

Consumer Warranty Law: Section 2A-508. Lessee’s Remedies.

(1) If a lessor fails to deliver the goods in conformity to the lease contract (Section 2A-509) or repudiates the lease contract (Section 2A-402), or a lessee rightfully rejects the goods (Section 2A-509) or justifiably revokes acceptance of the goods (Section 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 2A-510), the lessor is in default under the lease contract and the lessee may:

Consumer Warranty Law: Section 2A-509. Lessee’s Rights on Improper Delivery; Rightful Rejection.

(1) Subject to the provisions of Section 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.

Official Comment

Consumer Warranty Law: Section 2A-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 2A-511) and subject to any security interest of a lessee (Section 2A-508(5)):

(a) the lessee, after rejection of goods in the lessee’s possession, shall hold them with reasonable care at the lessor’s or the supplier’s disposition for a reasonable time after the lessee’s seasonable notification of rejection;

Consumer Warranty Law: Section 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 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.

Consumer Warranty Law: Section 2A-515. Acceptance of Goods.

(1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and

(a) the lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or

(b) the lessee fails to make an effective rejection of the goods (Section 2A-509(2)).

Consumer Warranty Law: Section 2A-517. Revocation of Acceptance of Goods.

(1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it:

(a) except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or

Consumer Warranty Law: Section 2A-518. Cover; Substitute Goods.

(1) After a default by a lessor under the lease contract of the type described in Section 2A-508(1), or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.

Consumer Warranty Law: Section 2A-519. Lessee’s Damages for Non-delivery, Repudiation, Default, and Breach of Warranty in Regard to Accepted Goods.

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A-504) or otherwise determined pursuant to agreement of the parties (Sections 1-102(3) and 2A-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under Section 2A-518(2), or is by purchase or otherwise, the measure of damages for non-delivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of th

Consumer Warranty Law: Section 2A-520. Lessee’s Incidental and Consequential Damages.

(1) Incidental damages resulting from a lessor’s default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.

(2) Consequential damages resulting from a lessor’s default include:

Consumer Warranty Law: Listing of Provisions

Listing of UCC Article 9 Sections Reprinted

Article 9. Secured Transactions

Part 1. General Provisions

* * *

Subpart 2. Applicability of Article

* * *

9-110. Security Interests Arising under Article 2 or 2A

* * *

Consumer Warranty Law: Section 9-110. Security Interests Arising under Article 2 or 2A.

A security interest arising under Section 2-401, 2-505, 2-711(3), or 2A-508(5) is subject to this article. However, until the debtor obtains possession of the goods:

(1) the security interest is enforceable, even if Section 9-203(b)(3) has not been satisfied;

(2) filing is not required to perfect the security interest;

(3) the rights of the secured party after default by the debtor are governed by Article 2 or 2A; and

Consumer Warranty Law: ALABAMA

Condominium Warranties: Ala. Code §§ 35-8A-101 to 35-8A-417

Structures Covered: Condominium unit and the common elements of the condominium.

Eligible Buyers: Purchaser of a unit.

Warrantors: Any declarant or affiliate, or any person in the business of selling real estate.

Consumer Warranty Law: ALASKA

Condominium Warranties: Alaska Stat. §§ 34.08.510 to 34.08.700

Structures Covered: Condominium unit and the common elements of the condominium (“common interest community”).

Eligible Buyers: Purchaser of a unit.

Warrantors: Any declarant or dealer of units.

Consumer Warranty Law: CALIFORNIA

New Home Warranties: Cal. Civ. Code §§ 895 to 945.5 (West)

Structures Covered: Original construction intended to be sold as an individual dwelling unit, but not condominium conversions.

Eligible Buyers: The original purchasers and their successors in interest.

Warrantors: The general contractors, subcontractors, material suppliers, product manufacturers, and design professionals who contribute to an original dwelling unit.

Consumer Warranty Law: CONNECTICUT

New Home Warranties: Conn. Gen. Stat. §§ 47-116 to 47-121

Structures Covered: Newly constructed single family dwellings and conversion condominium units.

Eligible Buyers: The original buyer, heirs or designated representatives. Subsequent purchasers are not eligible, but vendor may not convey to an intermediate purchaser to avoid the warranties.

Consumer Warranty Law: DELAWARE

Condominium Warranties: Del. Code Ann. tit. 25, §§ 81-413 to 81-417

Structures Covered: Condominium unit and the common elements of the condominium.

Eligible Buyers: Purchaser of a unit.

Warrantors: Declarant, as to express warranties. Declarant and any dealer, as to implied warranties.

Consumer Warranty Law: DISTRICT OF COLUMBIA

Condominium Warranties: D.C. Code §§ 42-1903.16, 42-1903.17

Structures Covered: The condominium unit and any common elements.

Eligible Buyers: Any purchaser of a condominium unit.

Warrantors: The declarant.