N.Y. Uniform Commercial Code 2-A-516 – Effect of Acceptance of Goods; Notice of Default; Burden of Establishing Default After Acceptance; Notice of Claim or Litigation to Perso…
Section 2-A-516. Effect of Acceptance of Goods; Notice of Default;
Terms Used In N.Y. Uniform Commercial Code 2-A-516
- Consumer lease: means a lease that a lessor regularly
engaged in the business of leasing or selling makes to a
lessee who is an individual and who takes under the lease
primarily for personal, family, or household purposes. See N.Y. Uniform Commercial Code 2-A-103 - Contract: A legal written agreement that becomes binding when signed.
- Finance lease: means a lease with respect to which: (i) the
lessor does not select, manufacture, or supply the goods;
(ii) the lessor acquires the goods or the right to possession
and use of the goods in connection with the lease; and (iii)
one of the following occurs: (A) the lessee receives a copy
of the contract by which the lessor acquired the goods or the
right to possession and use of the goods before signing the
lease contract; (B) the lessee's approval of the contract by
which the lessor acquired the goods or the right to
possession and use of the goods is a condition to
effectiveness of the lease contract; (C) the lessee, before
signing the lease contract, receives an accurate and complete
statement designating the promises and warranties, and any
disclaimers of warranties, limitations or modifications of
remedies, or liquidated damages, including those of any third
party, such as the manufacturer of the goods, provided to the
lessor by the person supplying the goods in connection with
or as part of the contract by which the lessor acquired the
goods or the right to possession and use of the goods; or (D)
if the lease is not a consumer lease, the lessor, before the
lessee signs the lease contract, informs the lessee in
writing (a) of the identity of the person supplying the goods
to the lessor, unless the lessee has selected that person and
directed the lessor to acquire the goods or the right to
possession and use of the goods from that person, (b) that
the lessee is entitled under this Article to the promises and
warranties, including those of any third party, provided to
the lessor by the person supplying the goods in connection
with or as part of the contract by which the lessor acquired
the goods or the right to possession and use of the goods,
and (c) that the lessee may communicate with the person
supplying the goods to the lessor and receive an accurate and
complete statement of those promises and warranties,
including any disclaimers and limitations of them or of
remedies. See N.Y. Uniform Commercial Code 2-A-103 - Goods: means all things that are movable at the time of
identification to the lease contract, or are fixtures
(Section 2-A-309), but the term does not include money,
documents, instruments, accounts, chattel paper, general
intangibles, or minerals or the like, including oil and gas,
before extraction. See N.Y. Uniform Commercial Code 2-A-103 - Lease: means a transfer of the right to possession and use
of goods for a term in return for consideration, but a sale,
including a sale on approval or a sale or return, or
retention or creation of a security interest is not a lease. See N.Y. Uniform Commercial Code 2-A-103 - Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease agreement: means the bargain, with respect to the
lease, of the lessor and the lessee in fact as found in their
language or by implication from other circumstances including
course of dealing or usage of trade or course of performance
as provided in this Article. See N.Y. Uniform Commercial Code 2-A-103 - Lease contract: means the total legal obligation that
results from the lease agreement as affected by this Article
and any other applicable rules of law. See N.Y. Uniform Commercial Code 2-A-103 - Lessee: means a person who acquires the right to possession
and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103 - Lessor: means a person who transfers the right to possession
and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103 - Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Supplier: means a person from whom a lessor buys or leases
goods to be leased under a finance lease. See N.Y. Uniform Commercial Code 2-A-103
Burden of Establishing Default After Acceptance;
Notice of Claim or Litigation to Person Answerable
Over.
(1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.
(2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, other than a consumer lease in which the supplier assisted in the preparation of the lease contract or participated in negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this Article or the lease agreement for nonconformity.
(3) If a tender has been accepted:
(a) within a reasonable time after the lessee discovers or should
have discovered any default, the lessee shall notify the
lessor and the supplier, if any, or be barred from any remedy
against the party not notified;
(b) except in the case of a consumer lease, within a reasonable
time after the lessee receives notice of litigation for
infringement or the like (Section 2-A-211) the lessee shall
notify the lessor or be barred from any remedy over for
liability established by the litigation; and
(c) the burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply:
(a) the lessee may give the lessor or the supplier, or both,
written notice of the litigation. If the notice states that
the person notified may come in and defend and that if the
person notified does not do so that person will be bound in
any action against that person by the lessee by any
determination of fact common to the two litigations, then
unless the person notified after seasonable receipt of the
notice does come in and defend that person is so bound; and
(b) the lessor or the supplier may demand in writing that the
lessee turn over control of the litigation including
settlement if the claim is one for infringement or the like
(Section 2-A-211) or else be barred from any remedy over. If
the demand states that the lessor or the supplier agrees to
bear all expense and to satisfy any adverse judgment, then
unless the lessee after seasonable receipt of the demand does
turn over control the lessee is so barred.
(5) Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (Section 2-A-211).