Sections 8.2A-401 – 8.2A-407

Terms Used In Virginia Code > Title 8.2A > Part 4 - Performance of Lease Contract; Repudiated, Substituted and Excused

  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Agency action: means either an agency's regulation or case decision or both, any violation, compliance, or noncompliance with which could be a basis for the imposition of injunctive orders, penal or civil sanctions of any kind, or the grant or denial of relief or of a license, right, or benefit by any agency or court. See Virginia Code 2.2-4001
  • Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a brewery and beer wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewery's brands of beer. See Virginia Code 4.1-500
  • Aircraft: means any contrivance now known, or hereafter invented, used, or designed for navigation of or flight in the air, including a balloon or other contrivance designed for maneuvering in airspace at an altitude greater than 24 inches above ground or water level, except that any contrivance now or hereafter invented of fixed or flexible wing design, operating without the assistance of any motor, engine, or other mechanical propulsive device, which is designed to utilize the feet and legs of the operator or operators as the sole means of initiating and sustaining forward motion during the launch and of providing the point of contact with the ground upon landing and commonly called a "hang glider" shall not be included within this definition. See Virginia Code 5.1-1
  • Airport: means any area of land or water which is used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon. See Virginia Code 5.1-1
  • Airspace: means all that space above the land and waters within the boundary of the Commonwealth. See Virginia Code 5.1-1
  • Authority: means the Virginia Public School Authority. See Virginia Code 22.1-162
  • Authority: means the Virginia Alcoholic Beverage Control Authority created pursuant to this title. See Virginia Code 4.1-100
  • basic laws: means provisions of the Constitution and statutes of the Commonwealth authorizing an agency to make regulations or decide cases or containing procedural requirements therefor. See Virginia Code 2.2-4001
  • Beer: means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume. See Virginia Code 4.1-100
  • Board: means the Board of Directors of the Virginia Alcoholic Beverage Control Authority. See Virginia Code 4.1-100
  • Board: means the Virginia Aviation Board. See Virginia Code 5.1-1
  • Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Board of Commissioners: means the Board of Commissioners of the Authority. See Virginia Code 22.1-162
  • Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
  • Bonds of the Authority: includes notes and other obligations issued by the Authority for any of its purposes. See Virginia Code 22.1-162
  • Brewery: means every person, including any authorized representative of such person pursuant to § 4. See Virginia Code 4.1-500
  • case decision: means any agency proceeding or determination that, under laws or regulations at the time, a named party as a matter of past or present fact, or of threatened or contemplated private action, either is, is not, or may or may not be (i) in violation of such law or regulation or (ii) in compliance with any existing requirement for obtaining or retaining a license or other right or benefit. See Virginia Code 2.2-4001
  • Civil aircraft: means any aircraft other than a public aircraft. See Virginia Code 5.1-1
  • 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 a personal, family, or household purpose. See Virginia Code 8.2A-103
  • Council: means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-355. See Virginia Code 2.2-3101
  • Department: means the Department of Aviation. See Virginia Code 5.1-1
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • Fault: means wrongful act, omission, breach, or default. See Virginia Code 8.2A-103
  • Fighter or attack jet: means a jet-powered aircraft designed for military (i) combat training or (ii) operational mission execution. See Virginia Code 5.1-1
  • 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 a 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 title 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 Virginia Code 8.2A-103

  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (§ 8. See Virginia Code 8.2A-103
  • Grape grower: means a commercial grower who: (i) sells at least $10,000 worth of grapes annually; or (ii) has planted and maintains at least three acres of vines of a type used for the production of wine. See Virginia Code 3.2-3000
  • Guidance document: means the same as that term is defined in § Virginia Code 2.2-4001
  • regulation: means any statement of general application, having the force of law, affecting the rights or conduct of any person, adopted by an agency in accordance with the authority conferred on it by applicable basic laws. See Virginia Code 2.2-4001
  • School board: means the school board that governs a school division. See Virginia Code 22.1-1
  • State agency: means any agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch listed in the appropriation act. See Virginia Code 2.2-307
  • State filer: means those officers and employees required to file a disclosure statement of their personal interests pursuant to subsection A or B of § 2. See Virginia Code 2.2-3101
  • Supervisor: means a member of the board of supervisors of a county. See Virginia Code 15.2-102
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Virginia Code 8.2A-103
  • Virginia Register of Regulations: means the publication issued under the provisions of Article 6 (§