S.B. 147

VETOES

(1)      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 DEFECT TO JUSTIFY REJECTION OR TO ESTABLISH
DEFAULT:

(A)     IF, STATED SEASONABLY, THE LESSOR OR THE SUPPLIER COULD
HAVE CURED IT (§ 2A-513); OR

(B)      BETWEEN MERCHANTS IF THE LESSOR OR THE SUPPLIER AFTER
REJECTION HAS MADE A REQUEST IN WRITING FOR A FULL AND FINAL WRITTEN
STATEMENT OF ALL DEFECTS ON WHICH THE LESSEE PROPOSES TO RELY.

(2)      A LESSEE'S FAILURE TO RESERVE RIGHTS WHEN PAYING RENT OR
OTHER CONSIDERATION AGAINST DOCUMENTS PRECLUDES RECOVERY OF THE
PAYMENT FOR DEFECTS APPARENT ON THE FACE OF THE DOCUMENTS.

2A-515. ACCEPTANCE OF GOODS

(1)      ACCEPTANCE OF GOODS OCCURS AFTER THE LESSEE HAS HAD A
REASONABLE OPPORTUNITY TO INSPECT THE GOODS AND:

(A)     THE LESSEE SIGNIFIES OR ACTS WITH RESPECT TO THE GOODS IN A
MANNER THAT SIGNIFIES TO THE LESSOR OR THE SUPPLIER THAT THE GOODS ARE
CONFORMING OR THAT THE LESSEE WILL TAKE OR RETAIN THEM IN SPITE OF
THEIR NONCONFORMITY; OR

(B)     THE LESSEE FAILS TO MAKE AN EFFECTIVE REJECTION OF THE
GOODS (§ 2A-509(2)).

(2)      ACCEPTANCE OF A PART OF ANY COMMERCIAL UNIT IS ACCEPTANCE OF
THAT ENTIRE UNIT.

2A-516. EFFECT OF ACCEPTANCE OF GOODS; NOTICE OF DEFAULT; BURDEN OF
ESTABLISHING DEFAULT AFTER ACCEPTANCE; NOTICE OF CLAIM OR
LITIGATION TO PERSON ANSWERABLE OVER

(1)      A LESSEE MUST PAY RENT FOR ANY GOODS ACCEPTED IN ACCORDANCE
WITH THE LEASE CONTRACT, WITH DUE ALLOWANCE FOR GOODS RIGHTFULLY
REJECTED OR NOT DELIVERED.

(2)      A LESSEE'S ACCEPTANCE OF GOODS PRECLUDES REJECTION OF THE
GOODS ACCEPTED. IN THE CASE OF A FINANCE LEASE, OTHER THAN A CONSUMER
LEASE IN WHICH THE SUPPLIER ASSISTED IN THE PREPARATION OF THE LEASE
CONTRACT OR PARTICIPATED IN NEGOTIATING THE TERMS OF THE LEASE
CONTRACT WITH THE LESSOR, IF MADE WITH KNOWLEDGE OF A NONCONFORMITY,
ACCEPTANCE CANNOT BE REVOKED BECAUSE OF IT. IN ANY OTHER CASE, IF MADE
WITH KNOWLEDGE OF A NONCONFORMITY, ACCEPTANCE CANNOT BE REVOKED
BECAUSE OF IT UNLESS THE ACCEPTANCE WAS ON THE REASONABLE ASSUMPTION
THAT THE NONCONFORMITY WOULD BE SEASONABLY CURED. ACCEPTANCE DOES
NOT OF ITSELF IMPAIR ANY OTHER REMEDY PROVIDED BY THIS ARTICLE OR THE
LEASE AGREEMENT FOR NONCONFORMITY.

- 3456 -