§ 336.2A-510 — Installment Lease Contracts; Rejection and Default
Plain-Language Summary
In an installment lease (multiple deliveries), the lessee can reject a non-conforming delivery only if the defect substantially impairs that installment. The whole lease is breached only if the problem substantially impairs the value of the whole lease.
336.2A-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 subsection (2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.
(2) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries.
History:
1989 c 232 art 1 s 2A-510
History: History: 1989 c 232 art 1 s 2A-510