§ 336.2A-513 — Cure by Lessor of Improper Tender or Delivery; Replacement
Plain-Language Summary
If a lessor's or supplier's delivery is rejected as nonconforming but the time for performance has not yet expired, the lessor or supplier may promptly notify the lessee of an intent to cure and then make a conforming delivery within the time the lease allows. In addition, if the lessee rejects a nonconforming tender that the lessor or supplier reasonably believed would be acceptable (with or without a price allowance), the lessor or supplier may be given a further reasonable time to substitute a conforming tender, so long as it gives prompt notice. This lets the lessor correct a defective delivery rather than lose the lease.
336.2A-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 and may then make a conforming delivery within the time provided in the lease contract.
(2) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if the lessor or supplier seasonably notifies the lessee.
History:
1989 c 232 art 1 s 2A-513
History: History: 1989 c 232 art 1 s 2A-513