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Texas Business & Commerce Code - Chapter 2A LeasesLegal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Chapter 2A Leases Sponsored LinksThis chapter shall be known and may be cited as the Uniform Commercial Code--Leases. Added by Acts 1993, 73rd Leg., ch. 570, § 1, eff. ... This chapter applies to any transaction, regardless of form, that creates a lease of goods. This chapter does not apply to a transaction that creates ... (a) In this chapter unless the context otherwise requires: (1) "Buyer in the ordinary course of business" means a person who in good faith and ... (a) A lease, although subject to this chapter, is also subject to any applicable: (1) certificate of title statute of this state, including Chapter 501, ... Subject to the provisions of Sections 2A.304(c) and 2A.305(c), with respect to goods covered by a certificate of title issued under a statute of this ... (a) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee ... A claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by ... (a) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at ... (a) A term providing that one party or the party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at ... (a) A lease contract is not enforceable by way of action or defense unless: (1) the total payments to be made under the lease contract, ... Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties ... The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the ... (a) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a ... An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will ... (a) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any ... (a) An agreement modifying a lease contract needs no consideration to be binding. (b) A signed lease agreement that excludes modification or rescission except by ... (a) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of ... (a) Express warranties by the lessor are created as follows: (1) Any affirmation of fact or promise made by the lessor to the lessee that ... (a) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods ... (a) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a ... Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for ... (a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be ... Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of ... This chapter does not provide whether anyone other than a lessee may take advantage of an express or implied warranty of quality made to the ... Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by ... (a) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the ... (a) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In ... (a) Where risk of loss is to pass to the lessee and the time of passage is not stated: (1) if a tender or delivery ... If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor ... Except as otherwise provided in this title, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the ... Except as otherwise provided in this title, each provision of this chapter applies whether the lessor or a third party has title to the goods, ... (a) As used in this section, "creation of a security interest" includes the sale of a lease contract that is subject to Chapter 9 of ... (a) Subject to Section 2A.303 of this chapter, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent ... (a) Subject to the provisions of Section 2A.303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the ... If a person in the ordinary course of the person's business furnishes services or materials with respect to goods subject to a lease contract, a ... (a) Except as otherwise provided in Section 2A.306, a creditor of a lessee takes subject to the lease contract. (b) Except as otherwise provided in ... (a) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against ... (a) In this section: (1) goods are "fixtures" when they become so related to particular real estate that an interest in them arises under real ... (a) Goods are "accessions" when they are installed in or affixed to other goods. (b) The lessor's residual interest in the accessions and the interest ... (a) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. (b) If reasonable ... If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will ... (a) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has canceled ... (a) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of ... Subject to Section 2A.404 on substituted performance, the following rules apply: (1) Delay in delivery or nondelivery in whole or in part by a lessor ... (a) If the lessee receives notification of a material or indefinite delay or an allocation justified under Section 2A.405, the lessee may by written notification ... (a) In the case of a finance lease that is not a consumer lease, a term in the lease agreement that provides that the lessee's ... (a) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this chapter. (b) If ... Except as provided by this chapter or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice ... (a) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for ... (a) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or ... (a) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default ... (a) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four years after the cause of ... (a) Damages based on market rent (Section 2A.519 or 2A.528) are determined according to the rent for the use of the goods concerned for a ... (a) If a lessor fails to deliver the goods in conformity to the lease contract (Section 2A.509) or repudiates the lease contract (Section 2A.402), or ... (a) Subject to the provisions of Section 2A.510 on default in installment lease contracts, if the goods or the tender or delivery fail in any ... (a) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery ... Subject to any security interest of a lessee (Section 2A.508(e)), if a lessor or a supplier has no agent or place of business at the ... (a) Except as otherwise provided with respect to goods that threaten to decline in value speedily (Section 2A.511) and subject to any security interest of ... (a) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, ... (a) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the ... (a) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and: (1) the lessee signifies or acts with ... (a) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not ... (a) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has ... (a) After default by a lessor under the lease contract of the type described by Section 2A.508(a), or, if agreed, after other default by the ... (a) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties ... (a) Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or ... (a) Specific performance may be decreed if the goods are unique or in other proper circumstances. (b) A decree for specific performance may include the ... (a) Subject to Subsection (b) and even though the goods have not been shipped, a lessee who has paid a part or all of the ... (a) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a ... (a) A lessor aggrieved under Section 2A.523(a) may: (1) identify to the lease contract conforming goods not already identified, if at the time the lessor ... (a) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. (b) After a default by the lessee ... (a) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be ... (a) After a default by a lessee under the lease contract of the type described in Section 2A.523(a) or (c)(1) or after the lessor refuses ... (a) Except as otherwise provided with respect to damages liquidated in the lease agreement (Section 2A.504) or otherwise determined pursuant to agreement of the parties ... (a) After default by the lessee under the lease contract of the type described in Section 2A.523(a) or (c)(1), or, if agreed, after other default ... Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of ... (a) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party ... In addition to any other recovery permitted by this chapter or other law, the lessor may recover from the lessee an amount that will fully ... Last modified: August 11, 2007 |