Hawaii Revised Statutes 490:2a-407 Irrevocable Promises: Finance Leases.

§490:2A-407 Irrevocable promises: finance leases. (a) In the case of a finance lease that is not a consumer lease the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods.

(b) A promise that has become irrevocable and independent under subsection (a):

(1) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and

(2) Is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs.

(c) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods. [L 1991, c 40, pt of §1]

Case Notes

Acceptance of goods is a requirement for this section to apply; as plaintiff did not accept the photo processing machine, this section did not apply; plaintiff thus did not owe rental payments for the machine under this section. 104 H. 148 (App.), 85 P.3d 1099.

Section: Previous  490-2a-311  490-2a-401  490-2a-402  490-2a-403  490-2a-404  490-2a-405  490-2a-406  490-2a-407  490-2a-501  490-2a-502  490-2a-503  490-2a-504  490-2a-505  490-2a-506  490-2a-507  Next

Last modified: October 27, 2016