12A:2A-220. Effect of default on risk of loss
12A:2A-220. Effect of default on risk of loss.
(1) Where risk of loss is to pass to the lessee and the time of passage is not stated:
(a) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
(b) If the lessee rightfully revokes acceptance, the lessee, to the extent of any deficiency in the lessee's effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.
(2) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in the lessor's or supplier's effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.
L.1994,c.114,s.1.
Section: Previous 12a-2a-213 12a-2a-214 12a-2a-215 12a-2a-216 12a-2a-217 12a-2a-218 12a-2a-219 12a-2a-220 12a-2a-221 12a-2a-301 12a-2a-302 12a-2a-303 12a-2a-304 12a-2a-305 12a-2a-306 Next
Last modified: October 11, 2016