Section 2-A-406. Procedure on Excused Performance.

Terms Used In N.Y. Uniform Commercial Code 2-A-406

  • 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

(1) If the lessee receives notification of a material or indefinite delay or an allocation justified under Section 2-A-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 impaired (Section 2-A-510):

(a) terminate the lease contract (Section 2-A-505(2)); or

(b) except in a finance lease that is not a consumer lease,

modify the lease contract by accepting the available quota in

substitution, with due allowance from the rent payable for

the balance of the lease term for the deficiency but without

further right against the lessor.

(2) If, after receipt of a notification from the lessor under Section 2-A-405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding thirty days, the lease contract lapses with respect to any deliveries affected.