Ohio Revised Code Search
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Section 1310.60 | Waiver of lessee's objections - UCC 2A-514.
...(A) 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 if either of the following applies: (1) The lessor or supplier could have cured the defect as provided in section 1310.59 of the Revised Code if the defect had been stated seasonably; (2) Between me... |
Section 1310.61 | Acceptance of goods - UCC 2A-515.
... Code. (B) Acceptance of a part of any commercial unit is acceptance of that entire unit. |
Section 1310.62 | Effect of acceptance of goods - notice of default - burden of establishing default after acceptance - notice of claim or litigation to person answerable over - UCC 2A-516.
...(A) A lessee shall pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered. (B) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if acceptance is made with knowledge of a nonconformity, the acceptance cannot be revoked because of the nonconformity. In any other case, if acceptance... |
Section 1310.63 | Revocation of acceptance of goods - UCC 2A-517.
...essee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if either of the following applies: (1) Except in the case of a finance lease, the lessee has accepted it on the reasonable assumption that its nonconformity would be cured, and it has not been seasonably cured. (2) The lessee has accepted it without discovery of the nonconformity, if the lessee... |
Section 1310.64 | Cover - substitute goods - UCC 2A-518.
...greement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages both of the following: (1) The present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term that is comparable to the then remaining term of the original lease agreement mi... |
Section 1310.65 | Lessee's damages for non-delivery, repudiation, default and breach of warranty in regard to accepted goods - UCC 2A-519.
...(A) Except as otherwise provided in section 1310.50 of the Revised Code with respect to damages liquidated in the lease agreement or as otherwise determined pursuant to the agreement of the parties as provided in section 1301.302 and section 1310.49 of the Revised Code, if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatm... |
Section 1310.66 | Lessee's incidental and consequential damages - UCC 2A-520.
...ce of which is justifiably revoked, any commercially reasonable charges, expenses, or commissions in connection with effecting cover, and any other reasonable expense incident to the default. (B) Consequential damages resulting from a lessor's default include both of the following: (1) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to k... |
Section 1310.67 | Lessee's right to specific performance or replevin - UCC 2A-521.
...(A) Specific performance may be decreed if the goods are unique or in other proper circumstances. (B) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just. (C) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if, after reasonable effort, ... |
Section 1310.68 | Lessee's right to goods on lessor's insolvency - UCC 2A-522.
...(A) Subject to division (B) of this section and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract as provided in section 1310.24 of the Revised Code, on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract, may recover the goods identified from the lessor if the less... |
Section 1310.69 | Lessor's remedies - (UCC 2A-523).
...(A) If a lessee wrongfully rejects or revokes acceptance of goods, fails to make a payment when due, or repudiates with respect to a part or the whole, then, with respect to any goods involved and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired as provided in section 1310.56 of the Revised Code, the lessee is in default under the ... |
Section 1310.70 | Lessor's right to identify goods to lease contract - UCC 2A-524.
...finished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may complete manufacture and wholly identify the goods to the lease contract, cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value, or proceed in any other reasonable manner. |
Section 1310.71 | Lessor's right to possession of goods - UCC 2A-525.
...(A) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. (B) After a default of the type described in division (A) or (C)(1) of section 1310.69 of the Revised Code by the lessee under the lease contract or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lesse... |
Section 1310.72 | Lessor's stoppage of delivery in transit or otherwise - UCC 2A-526.
...(A) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security, or otherwise under the lease contract, or for any other reason the lessor has... |
Section 1310.73 | Lessor's rights to dispose of goods - UCC 2A-527.
...greement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages all of the following: (1) Accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement; (2) The present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the sam... |
Section 1310.74 | Lessor's damages for non-acceptance, failure to pay, repudiation or other default - UCC 2A-528.
...(A) Except as otherwise provided with respect to damages liquidated in the lease agreement pursuant to section 1310.50 of the Revised Code or otherwise determined pursuant to the agreement of the parties as provided in section 1301.302 and section 1310.49 of the Revised Code, if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any ... |
Section 1310.75 | Lessor's action for rent - UCC 2A-529.
...nforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee as provided in section 1310.26 of the Revised Code, all of the following: (a) Accrued and unpaid rent as of the date of entry of judgment in favor of the lessor; (b) The present value as of the same date of the rent for the then remaining lease term of the lease agreement; (c) Any incidental damages allowed... |
Section 1310.76 | Lessor's incidental damages - UCC 2A-530.
...ages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care, and custody of goods after the lessee's default, in connection with the return or disposition of the goods, or otherwise in connection with the default. |
Section 1310.77 | Standing to sue third parties for injury to goods - UCC 2A-531.
...(A) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract, the lessor has a right of action against the third party, and the lessee also has a right of action against the third party if the lessee has a security interest in the goods, has an insurable interest in the goods, or bears the risk of loss under the lease contract or... |
Section 1310.78 | Lessor's rights to residual interest - UCC 2A-532.
...In addition to any other recovery permitted by sections 1310.01 to 1310.78 of the Revised Code or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee. |
Section 1311.01 | Lien definitions.
...As used in sections 1311.01 to 1311.22 of the Revised Code: (A) "Owner," "part owner," or "lessee" includes all the interests either legal or equitable, which such person may have in the real estate upon which the improvements are made, including the interests held by any person under contracts of purchase, whether in writing or otherwise. (B) "Material supplier" includes any person by whom any materials are furnis... |
Section 1311.011 | Liens for home construction work.
...(A) As used in this section: (1) "Home construction contract" means a contract entered into between an original contractor and an owner, part owner, or lessee for the improvement of any single- or double-family dwelling or portion of the dwelling or a residential unit of any condominium property that has been submitted to the provisions of Chapter 5311. of the Revised Code; an addition to any land; or the imp... |
Section 1311.02 | Lien of subcontractor, laborer or materialman.
...Every person who performs work or labor upon or furnishes material in furtherance of any improvement undertaken by virtue of a contract, express or implied, with the owner, part owner, or lessee of any interest in real estate, or the owner's, part owner's, or lessee's authorized agent, and every person who as a subcontractor, laborer, or material supplier, performs any labor or work or furnishes any material to an or... |
Section 1311.021 | Lien for labor or work or materials upon oil or gas well or facilities.
...(A) Every person who performs any labor or work upon or furnishes material for digging, drilling, boring, operating, completing, or repairing, any well drilled or constructed for the production of oil or gas or any injection well which furthers the production of oil and gas or which disposes of waste products generated by oil and gas operations, or for altering, repairing, or constructing any oil derrick, oil tank, o... |
Section 1311.03 | Lien upon street, turnpike, road, sidewalk, way, drain, ditch or sewer.
...Any person who performs labor or work or furnishes material, for the construction, alteration, or repair of any street, turnpike, road, sidewalk, way, drain, ditch, or sewer by virtue of a private contract between the person and the owner, part owner, or lessee of lands upon which the same may be constructed, altered, or repaired, or of lands abutting thereon, or as subcontractor, laborer, or material supplier, perf... |
Section 1311.04 | Recording notice of commencement.
...(A)(1) Prior to the performance of any labor or work or the furnishing of any materials for an improvement on real property which may give rise to a mechanics' lien under sections 1311.01 to 1311.22 of the Revised Code, the owner, part owner, or lessee who contracts for the labor, work, or materials shall record in the office of the county recorder for each county in which the real property to be improved is located ... |