Ohio Revised Code Search
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Section 1309.706 | When initial financing statement suffices to continue effectiveness of financing statement - UCC 9-706.
... perfect a security interest under this chapter. (2) The financing statement filed before July 1, 2001, was filed in an office in another state or another office in this state; and (3) The initial financing statement satisfies division (C) of this section. (B) The filing of an initial financing statement under division (A) of this section continues the effectiveness of the financing statement filed before July 1, ... |
Section 1309.707 | Pre-effective-date financing statement - UCC 9-707.
... with the law of the jurisdiction in which the financing statement is filed. (C) Except as otherwise provided in division (D) of this section, if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2001, only if: (1) The pre-effective-date financing statement and an amendment are filed in the office specified in se... |
Section 1309.708 | Persons entitled to file initial financing statement or continuation statement - UCC 9-708.
...A person may file an initial financing statement or a continuation statement under this section if: (A) The secured party of record authorizes the filing; and (B) The filing is necessary under this section: (1) To continue the effectiveness of a financing statement filed before July 1, 2001; or (2) To perfect or continue the perfection of a security interest. |
Section 1309.709 | Priority - UCC 9-709.
...(A) This chapter determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, the law in effect at the time the priorities of the claims were established determines priority. (B) For purposes of division (A) of section 1309.322 of the Revised Code, as it exists on July 1, 2001, the priority of a security interest that becomes en... |
Section 1310.01 | Definitions - UCC 2A-103.
...lessor does not select, manufacture, or supply the goods; (b) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; (c) One of the following occurs: (i) 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; (ii) The lessee's approval of the contra... |
Section 1310.02 | Provisions apply to all transactions creating lease - application of other laws - UCC 2A-104.
...visions of that statute control. (3) A failure to comply with any applicable statute has only the effect specified in that statute. |
Section 1310.03 | Territorial application of provisions to goods covered by certificate of title - UCC 2A-105.
... by a certificate of title issued under Chapter 1548., 4505., or 4585. of the Revised Code or the certificate of title law of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute shall be governed by the law, including the conflict of laws rules, of jurisdiction issuing the certificate until the earlier of one of the following: (A) The surrender of the ce... |
Section 1310.04 | Limitation on power of parties to consumer lease to choose applicable law and judicial forum - UCC 2A-106.
...(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 resides at the time the lease agreement becomes enforceable or resides within thirty days after the lease agreement becomes enforceable or in which the goods are to be used, the choice of law is not enforceable. (B) If the judicial forum chosen by the parties to a consumer lease is a forum... |
Section 1310.05 | Waiver or renunciation of claim or right after default - UCC 2A-107.
...rising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. |
Section 1310.06 | Unconscionability - UCC 2A-108.
...of the parties. (D) In an action in which the lessee claims unconscionability with respect to a consumer lease, all of the following apply: (1) If the court finds unconscionability under division (A) or (B) of this section, the court shall award reasonable attorney's fees to the lessee. (2) If the court does not find unconscionability under division (A) or (B) of this section and the lessee claiming unconscionabil... |
Section 1310.07 | Option to accelerate at will - UCC 2A-109.
...(A) A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral "at will," "when he deems himself insecure," or in words of similar import shall be construed to mean that he has power to do so only if he believes in good faith that the prospect of payment or performance is impaired. (B) With respect to a consumer lease, the burden ... |
Section 1310.08 | Statute of frauds - UCC 2A-201.
...(A) A lease contract is not enforceable by way of action or defense unless one of the following applies: (1) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than one thousand dollars; (2) There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been... |
Section 1310.09 | Final written expression - parol or extrinsic evidence - UCC 2A-202.
... oral agreement but may be explained or supplemented by both of the following: (A) Course of dealing, usage of trade, or course of performance; (B) Evidence of consistent additional terms, unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. |
Section 1310.10 | Seals inoperative - UCC 2A-203.
...pply to a lease contract or offer to which a seal has been affixed. |
Section 1310.11 | Formation in general - UCC 2A-204.
...re left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy. |
Section 1310.12 | Firm offers - UCC 2A-205.
...s. Any such term of assurance on a form supplied by the offeree shall be separately signed by the offeror. |
Section 1310.13 | Offer and acceptance in formation of lease contract - UCC 2A-206.
...(A) Unless otherwise unambiguously indicated by the language or circumstances, and offer to make a lease contract shall be construed as inviting acceptance in any manner and by any medium reasonable under the circumstances. (B) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed befo... |
Section 1310.15 | Modification, rescission and waiver - UCC 2A-208.
... a signed writing and that is on a form supplied by a merchant shall be separately signed by the other party. (C) Although an attempt at modification or rescission does not satisfy the requirements of division (B) of this section, it may operate as a waiver. (D) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other pa... |
Section 1310.16 | Lessee under finance lease as beneficiary of supply contract - UCC 2A-209.
...(A) The benefit of a supplier's promises to the lessor under a supply contract and of all express or implied warranties, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract but is subject to the terms of the warranty and of the supply contract and al... |
Section 1310.17 | Express warranties - UCC 2A-210.
...(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 relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. (2) Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will ... |
Section 1310.18 | Warranties against interference and against infringement - lessee's obligation against infringement - UCC 2A-211.
...rnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications. |
Section 1310.19 | Implied warranty of merchantability - UCC 2A-212.
...e, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (B) To be merchantable, goods shall at least satisfy the following: (1) Pass without objection in the trade under the description in the lease agreement; (2) In the case of fungible goods, be of fair average quality within the description; (3) Be fit for the ordinary pur... |
Section 1310.20 | Implied warranty of fitness for particular purpose - UCC 2A-213.
...o know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose. |
Section 1310.21 | Exclusion or modification of warranties - UCC 2A-214.
...herever reasonable as consistent with each other, but, subject to the provisions of section 1310.09 of the Revised Code on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable. (B) Subject to division (C) of this section, to exclude or modify the implied warranty of merchantability or any part of it, the language shall mention "merchantability," be by... |
Section 1310.22 | Cumulation and conflict of warranties express or implied - UCC 2A-215.
...shall be construed as consistent with each other and as cumulative, but, if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention, the following rules apply: (A) Exact or technical specifications displace an inconsistent sample or model or general language of description. (B) A sample from an existing bulk displaces inconsistent general... |