Ohio Revised Code Search
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Section 1309.628 | Nonliability and limitation on liability of secured party - liability of secondary obligor - UCC 9-628.
...iciency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on: (1) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or (2) An o... |
Section 1309.702 | Savings clause - UCC 9-702.
...chapter, this chapter applies to a transaction or lien within the scope of this chapter even if the transaction or lien was entered into or created before July 1, 2001. (B) Except as otherwise provided in division (C) of this section and sections 1309.703 to 1309.709 of the Revised Code: (1) Transactions or liens that were not governed by this chapter as it existed before July 1, 2001, were validly entered into or... |
Section 1309.703 | Security interest perfected before effective date - UCC 9-703.
...s chapter are satisfied without further action. (B) Except as otherwise provided in section 1309.705 of the Revised Code, if, immediately before July 1, 2001, a security interest is enforceable and would have priority over the rights of a person who becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this chapter are not satisfied on July 1, 2001, the securit... |
Section 1309.704 | Security interest unperfected before effective date - UCC 9-704.
...Becomes perfected: (1) Without further action on July 1, 2001, if the applicable requirements for perfection under this chapter are satisfied before or on that date; or (2) When the applicable requirements for perfection are satisfied if the requirements are satisfied after July 1, 2001. |
Section 1309.705 | Effectiveness of action taken before effective date - UCC 9-705.
...(A) If action, other than the filing of a financing statement, is taken before July 1, 2001, and if the action would have resulted in priority of a security interest over the rights of a person who becomes a lien creditor had the security interest become enforceable before that date, the action is effective to perfect a security interest that attaches under this chapter within one year after that date. An attached se... |
Section 1309.706 | When initial financing statement suffices to continue effectiveness of financing statement - UCC 9-706.
...(A) The filing of an initial financing statement in the office specified in section 1309.501 of the Revised Code continues the effectiveness of a financing statement filed before July 1, 2001, if: (1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter. (2) The financing statement filed before July 1, 2001, was filed in an office in anoth... |
Section 1309.707 | Pre-effective-date financing statement - UCC 9-707.
...(A) As used in this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001. (B) On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as prov... |
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.
...ments of title under a preexisting contract for sale. "Buying" does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. (2) "Cancellation" occurs when either party puts an end to the lease contract for default by the other party. (3) "Commercial unit" means a unit of goods that by commercial usage is a single whole for purposes of lease and division of which m... |
Section 1310.02 | Provisions apply to all transactions creating lease - application of other laws - UCC 2A-104.
...8 of the Revised Code apply to any transaction, regardless of form, that creates a lease. (B)(1) A lease, although subject to sections 1310.01 to 1310.78 of the Revised Code, is also subject to Chapter 1548., 4505., or 4585. of the Revised Code, any applicable certificate of title statute of another jurisdiction as provided in section 1310.03 of the Revised Code, and Chapter 1345., 1349., or 1351. of the Revised Cod... |
Section 1310.03 | Territorial application of provisions to goods covered by certificate of title - UCC 2A-105.
...Subject to the provisions of division (C) of section 1310.32 and division (C) of section 1310.33 of the Revised Code, with respect to goods covered 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, in... |
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.
...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. |
Section 1310.06 | Unconscionability - UCC 2A-108.
...t as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, may enforce the remainder of the lease contract without the unconscionable clause, or may so limit the application of the unconscionable clause as to avoid any unconscionable result. (B) With respect to a consumer lease, if a court as a... |
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.
...Terms with respect to which the confirmatory memoranda of the parties agree or that otherwise are set forth in a writing intended by the parties as a final expression of their agreement with respect to the terms that are included in their agreement may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented by both of the following: (A) Cours... |
Section 1310.10 | Seals inoperative - UCC 2A-203.
...al 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. |
Section 1310.11 | Formation in general - UCC 2A-204.
...(A) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties that recognizes the existence of a lease contract. (B) An agreement sufficient to constitute a lease contract may be found 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 ha... |
Section 1310.12 | Firm offers - UCC 2A-205.
...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... |
Section 1310.13 | Offer and acceptance in formation of lease contract - UCC 2A-206.
...stances, 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 before acceptance. |
Section 1310.15 | Modification, rescission and waiver - UCC 2A-208.
...(A) An agreement modifying a lease contract needs no consideration to be binding. (B) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise 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 oth... |
Section 1310.16 | Lessee under finance lease as beneficiary of supply contract - UCC 2A-209.
...mises 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 all defenses or claims arising from t... |
Section 1310.17 | Express warranties - UCC 2A-210.
...ed 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 conform to the description. (3) Any sample or... |