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Session Laws, 1994
Volume 773, Page 2505   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 535

DOES NOT INCLUDE A PAWNBROKER. "BUYING" MAY BE FOR CASH OR BY
EXCHANGE OF OTHER PROPERTY OR ON SECURED OR UNSECURED CREDIT AND
INCLUDES RECEIVING GOODS OR DOCUMENTS OF TITLE UNDER A PREEXISTING
CONTRACT FOR SALE BUT DOES NOT INCLUDE A TRANSFER IN BULK OR AS
SECURITY FOR OR IN TOTAL OR PARTIAL SATISFACTION OF A MONEY DEBT.

(B)     "CANCELLATION" OCCURS WHEN EITHER PARTY PUTS AN END TO
THE LEASE CONTRACT FOR DEFAULT BY THE OTHER PARTY.

(C)     "COMMERCIAL UNIT" MEANS SUCH A UNIT OF GOODS AS BY
COMMERCIAL USAGE IS A SINGLE WHOLE FOR PURPOSES OF LEASE AND DIVISION
OF WHICH MATERIALLY IMPAIRS ITS CHARACTER OR VALUE ON THE MARKET OR IN
USE. A COMMERCIAL UNIT MAY BE A SINGLE ARTICLE, AS A MACHINE, OR A SET OF
ARTICLES, AS A SUITE OF FURNITURE OR A LINE OF MACHINERY, OR A QUANTITY,
AS A GROSS OR CARLOAD, OR ANY OTHER UNIT TREATED IN USE OR IN THE
RELEVANT MARKET AS A SINGLE WHOLE.

(D)     "CONFORMING" GOODS OR PERFORMANCE UNDER A LEASE
CONTRACT MEANS GOODS OR PERFORMANCE THAT ARE IN ACCORDANCE WITH
THE OBLIGATIONS UNDER THE LEASE CONTRACT.

(E)     "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 TAKES UNDER THE LEASE PRIMARILY FOR A PERSONAL,
FAMILY, OR HOUSEHOLD PURPOSE.

(F)      "FAULT" MEANS WRONGFUL ACT, OMISSION, BREACH, OR DEFAULT.

(G)     "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

- 2505 -

 

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Session Laws, 1994
Volume 773, Page 2505   View pdf image
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