Ohio Revised Code Search

...The owner, operator, or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest, resulting from the operation of said motor vehicle, while such guest is being transported without payment therefor in or upon said motor vehicle, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner, or pers...

...e, provided that the shared vehicle is returned to the location designated in the agreement by the expiration time; (2) The shared vehicle is returned to an alternate location, if the shared vehicle owner and the shared vehicle driver agree on the alternate location, as communicated through the peer-to-peer car sharing program, and the alternate location is incorporated into the peer-to-peer car sharing program ag...

... enforcement. (D) The program shall retain records required by division (B) of this section regarding each car sharing period for not less than three years after the car sharing period.

...rgency contact information for roadside assistance and other customer service inquiries.

...o-peer car sharing program shall have sole responsibility for any equipment, including a global positioning system or other special equipment that is installed in or on the shared vehicle to monitor or facilitate peer-to-peer car sharing. The program shall agree to indemnify and hold harmless the shared vehicle owner for any damage or theft of the system or equipment during the car sharing period that is not caused b...

...ehicle does not have any outstanding safety recalls on the vehicle; (2) Provide notice to the shared vehicle owner of the owner's responsibilities under division (B) of this section. (B)(1) If a shared vehicle owner receives actual notice of a safety recall on the shared vehicle, the shared vehicle owner shall not make the shared vehicle available through a peer-to-peer car sharing program until the safety reca...

...Nothing in this chapter shall be construed to exempt any person involved in peer-to-peer car sharing from the provisions of sections 1345.01 to 1345.13 of the Revised Code.

... a public-use airport may adopt reasonable standards, regulations, procedures, and fees that are applicable to peer-to-peer car sharing programs. The operator may enter into such agreements, including concession agreements, with a peer-to-peer car sharing program. A peer-to-peer car sharing program, shared vehicle owner, and shared vehicle driver shall comply with any applicable standards, regulations, procedures, fe...

...ion contained in a policy of motor vehicle liability insurance, including any insurance policy that is in use or that is approved for use that excludes coverage while a motor vehicle is made available for rent, share, hire, or during any business use.

...have the shared vehicle driver fail to return the shared vehicle, in violation of the terms of the peer-to-peer car sharing agreement. (C) A peer-to-peer car sharing program shall have either a policy of insurance or a self-insurance mechanism in order to cover its liabilities and obligations under this section and sections 4516.10 and 4516.11 of the Revised Code.

...ogram does not have available, did not retain, or fails to provide the records required by section 4516.02 of the Revised Code. (ii) A dispute exists as to whether the shared vehicle was returned to the originally agreed upon location or an alternatively agreed upon location for transfer of possession in accordance with the peer-to-peer car sharing program agreement. (4)(a) If the motor-vehicle liability policy...

...e owner if the shared vehicle owner is determined to have been the operator of the shared vehicle at the time of the loss. (C) In addition to any other insurance coverage required by this chapter, a peer-to-peer car sharing program shall maintain insurance in an amount of at least one million dollars that provides coverage for the program's liability for an act or omission of the program that is the proximate caus...

...r car sharing program and a shared vehicle owner shall be exempt from vicarious liability in accordance with 49 U.S.C. 30106 and under any state law or municipal ordinance that imposes liability solely based on vehicle ownership.

...as a result of the use of a shared vehicle through the program. (B) Limits the ability of the program to, by contract, seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the program resulting from a breach of the terms and conditions of the peer-to-peer car sharing agreement. (C) Creates, implies, or otherwise grants insurance coverage not found in any ...

...a within a radius of ten miles from the site of a potential new dealership, except that for manufactured home or recreational vehicle dealerships the radius shall be twenty-five miles. The ten-mile radius shall be measured from the dealer's established place of business that is used exclusively for the purpose of selling, displaying, offering for sale, or dealing in motor vehicles. (DD) "Wholesale" or "at wholesal...

...nd the public interest, welfare, and safety. In order to promote the interests of this state, Chapter 4517. of the Revised Code shall be liberally construed in order to ensure a sound system for distributing and selling motor vehicles through all of the following: (1) Enforcing the comprehensive and uniform framework for licensing and regulating manufacturers, distributors, wholesalers, and dealers of motor vehicle...

...ing or selling at retail new motor vehicles or assume to engage in that business, unless the person is licensed as a new motor vehicle dealer under sections 4517.01 to 4517.45 of the Revised Code, or is a salesperson employed by a licensed new motor vehicle dealer; (2) Engage in the business of offering for sale, displaying for sale, or selling at retail or wholesale used motor vehicles or assume to engage in that ...

...; (f) Any purchase price; (g) The odometer reading at the time of the auction and an odometer statement from the person offering the vehicle for sale at auction that complies with 49 U.S.C. 32705. (5) The person allows reasonable inspection by the registrar of the person's records relating to each classic motor vehicle auction. (B) Any person that auctions classic motor vehicles under this section shall use ...

...er shall sell a motor vehicle within ninety days after a certificate of title to the motor vehicle is issued to the dealer, except as follows: (1) A salvage certificate of title may be issued to replace the original certificate of title. (2) A motor vehicle leasing dealer may sell a motor vehicle to another motor vehicle leasing dealer at the end of a sublease pursuant to that sublease. (3) A motor vehicle leas...

... applicant; (F) A statement showing whether the applicant has previously applied for a motor vehicle dealer's license, motor vehicle leasing dealer's license, distributor's license, or motor vehicle auction owner's license and the result of the application, and whether the applicant has ever been the holder of any such license that was revoked or suspended; (G) If the applicant is a corporation or partnership, a ...

...or partner and, if a corporation, the names of the officers and directors; (4) The county in which the business is to be conducted and the address of each place of business therein; (5) A statement of the previous history, record, and association of the applicant and of each owner, partner, officer, and director, that shall be sufficient to establish to the satisfaction of the registrar the applicant's business r...

... dealer's license has successfully completed a used motor vehicle dealer training course. (B)(1) Except as provided in divisions (B)(2) and (3) of this section, an owner, officer, partner, or director of a business entity applying for a used motor vehicle dealer license ninety days or more after September 4, 2012, shall, within six months immediately preceding the date of applying for the license, successfully com...

...Each person applying for a motor vehicle leasing dealer's license shall biennially, before the first day of April, make out and deliver to the registrar of motor vehicles, upon a blank to be furnished by the registrar for that purpose, a separate application for license for each county in which the business of leasing motor vehicles, as described in division (M) of section 4517.01 of the Revised Code, is to be conduc...

...Each person applying for a motor vehicle auction owner's license shall biennially, before the first day of April, make out and deliver to the registrar of motor vehicles, upon a blank to be furnished by the registrar for that purpose, a separate application for license for each county in which such business is to be conducted. The application shall be in the form prescribed by the registrar, shall be signed and sworn...

... deliver to the registrar of motor vehicles, upon a blank to be furnished by the registrar for that purpose, a separate application for license for each place of business maintained. The application shall be in the form prescribed by the registrar, shall be signed and sworn to by the applicant, and, in addition to such other information as is required by the registrar, shall include: (A) Name of applicant and loca...

...des 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 that otherwise would not have jurisdiction over the lessee, the choice of judicial forum is not enforceable.

...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...