Ohio Revised Code Search

...Any 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 written waiver or renunciation signed and delivered by the aggrieved party.

...ortunity to present evidence as to the setting, purpose, and effect of the lease contract, a clause of the lease contract, or the conduct 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 ...

...ty 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 of establishing good faith under ...

...te that a lease contract has been made between the parties and to describe the goods leased and the lease term. (B) Any description of leased goods or of the lease term is sufficient and satisfies division (A)(2) of this section, whether or not it is specific, if it reasonably identifies what is described. (C) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease con...

...l 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.

...ing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument, and the law with respect to sealed instruments does not apply to a lease contract or offer to which a seal has been affixed.

...although the moment of its making is undetermined. (C) Although one or more terms of a lease contract are 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.

...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 be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three months. Any such term of assurance on a form supplied by the offeree shall be separately signed by the...

...(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...

... modified or rescinded, but, except as between merchants, a provision that excludes modification or rescission except by 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 affec...

...f the parties to the supply contract, whether arising from the contract or otherwise; (2) Impose any duty or liability under the supply contract on the lessee. (C) Any modification or rescission of a supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance...

...essee 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 conform to the description. (3) Any sample or model that is made part of the basis of the bargain creates an express warranty t...

...(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 that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, and that will interfere with the lessee's enjoyment of its leasehold interest. (B) Except in a finance lease, there is in a lease contract by a lessor who is a merchant regularly dealing in good...

...(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 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)...

...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 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.

...(A) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty shall be construed wherever 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) ...

...asonable, 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 language of description. (C) Express warranties displace inconsistent implied warranties other than...

...ied warranty to or for the benefit of a lessee under sections 1310.01 to 1310.78 of the Revised Code extends to any person who reasonably may be expected to use, consume, or be affected by the goods and who is injured by breach of the warranty. The operation of this section may not be excluded, modified, or limited with respect to injury to the person of an individual to whom the warranty extends, but an exclusion, m...

...tification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs in one of the following manners: (A) When the lease contract is made, if the lease contract is for a lease of goods that are existing and identified; (B) When the goods are shipped, marked, or otherwise designated by ...

...A) and (B) of this section, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee. (D) Nothing in this section impairs any insurable interest recognized under any other section of the Revised Code, statute, or rule of law. (E) The parties may determine by agreement that one or more parties have an obligation to obtain and pay for i...

...onnection with the purchase of other noncredit related goods or services. (C) Notwithstanding any provision of the Revised Code to the contrary, an excess wear and use waiver is not an insurance product.

...se of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee. (B) Subject to the provisions of section 1310.27 of the Revised Code on the effect of default on risk of loss, if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply: (1) If the lease contract requires or ...

...h the lessor from the beginning. (B) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or otherwise is in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his effective insurance coverage, may treat the risk of loss as resting on the lessee for a...

...e loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may demand inspection and at his option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity, but without further ri...

...st purchasers of the goods, and against creditors of the parties.