§ 8.2A-516. Effect of acceptance of goods; notice of default; burden ofestablishing default after acceptance; notice of claim or litigation toperson answerable.
(1) A lessee shall pay rent for any goods accepted in accordance with thelease contract, with due allowance for goods rightfully rejected or notdelivered.
(2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity,acceptance cannot be revoked because of it. In any other case, if made withknowledge of a nonconformity, acceptance cannot be revoked because of itunless the acceptance was on the reasonable assumption that the nonconformitywould be seasonably cured. Acceptance does not of itself impair any otherremedy provided by this title or the lease agreement for nonconformity.
(3) If a tender has been accepted:
(a) Within a reasonable time after the lessee discovers or should havediscovered any default, the lessee shall notify the lessor and the supplier,if any, or be barred from any remedy against the party not notified;
(b) Except in the case of a consumer lease, within a reasonable time afterthe lessee receives notice of litigation for infringement or the like (§8.2A-211) the lessee shall notify the lessor or be barred from any remedy forliability established by the litigation; and
(c) The burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation forwhich a lessor or a supplier is answerable the following apply:
(a) The lessee may give the lessor or the supplier, or both, written noticeof the litigation. If the notice states that the person notified may come inand defend and that if the lessor or the supplier does not do so that personwill be bound in any action against that person by the lessee by anydetermination of fact common to the two litigations, then unless the personnotified after seasonable receipt of the notice does come in and defend thatperson is so bound.
(b) The lessor or the supplier may demand in writing that the lessee turnover control of the litigation including settlement if the claim is one forinfringement or the like (§ 8.2A-211) or else be barred from any remedy. Ifthe demand states that the lessor or the supplier agrees to bear all expenseand to satisfy any adverse judgment, then unless the lessee after seasonablereceipt of the demand does turn over control the lessee is so barred.
(5) Subsections (3) and (4) of this section apply to any obligation of alessee to hold the lessor or the supplier harmless against infringement orthe like (§ 8.2A-211).
§ 8.2A-516. Effect of acceptance of goods; notice of default; burden ofestablishing default after acceptance; notice of claim or litigation toperson answerable.
(1) A lessee shall pay rent for any goods accepted in accordance with thelease contract, with due allowance for goods rightfully rejected or notdelivered.
(2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity,acceptance cannot be revoked because of it. In any other case, if made withknowledge of a nonconformity, acceptance cannot be revoked because of itunless the acceptance was on the reasonable assumption that the nonconformitywould be seasonably cured. Acceptance does not of itself impair any otherremedy provided by this title or the lease agreement for nonconformity.
(3) If a tender has been accepted:
(a) Within a reasonable time after the lessee discovers or should havediscovered any default, the lessee shall notify the lessor and the supplier,if any, or be barred from any remedy against the party not notified;
(b) Except in the case of a consumer lease, within a reasonable time afterthe lessee receives notice of litigation for infringement or the like (§8.2A-211) the lessee shall notify the lessor or be barred from any remedy forliability established by the litigation; and
(c) The burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation forwhich a lessor or a supplier is answerable the following apply:
(a) The lessee may give the lessor or the supplier, or both, written noticeof the litigation. If the notice states that the person notified may come inand defend and that if the lessor or the supplier does not do so that personwill be bound in any action against that person by the lessee by anydetermination of fact common to the two litigations, then unless the personnotified after seasonable receipt of the notice does come in and defend thatperson is so bound.
(b) The lessor or the supplier may demand in writing that the lessee turnover control of the litigation including settlement if the claim is one forinfringement or the like (§ 8.2A-211) or else be barred from any remedy. Ifthe demand states that the lessor or the supplier agrees to bear all expenseand to satisfy any adverse judgment, then unless the lessee after seasonablereceipt of the demand does turn over control the lessee is so barred.
(5) Subsections (3) and (4) of this section apply to any obligation of alessee to hold the lessor or the supplier harmless against infringement orthe like (§ 8.2A-211).
§ 8.2A-516. Effect of acceptance of goods; notice of default; burden ofestablishing default after acceptance; notice of claim or litigation toperson answerable.
(1) A lessee shall pay rent for any goods accepted in accordance with thelease contract, with due allowance for goods rightfully rejected or notdelivered.
(2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity,acceptance cannot be revoked because of it. In any other case, if made withknowledge of a nonconformity, acceptance cannot be revoked because of itunless the acceptance was on the reasonable assumption that the nonconformitywould be seasonably cured. Acceptance does not of itself impair any otherremedy provided by this title or the lease agreement for nonconformity.
(3) If a tender has been accepted:
(a) Within a reasonable time after the lessee discovers or should havediscovered any default, the lessee shall notify the lessor and the supplier,if any, or be barred from any remedy against the party not notified;
(b) Except in the case of a consumer lease, within a reasonable time afterthe lessee receives notice of litigation for infringement or the like (§8.2A-211) the lessee shall notify the lessor or be barred from any remedy forliability established by the litigation; and
(c) The burden is on the lessee to establish any default.
(4) If a lessee is sued for breach of a warranty or other obligation forwhich a lessor or a supplier is answerable the following apply:
(a) The lessee may give the lessor or the supplier, or both, written noticeof the litigation. If the notice states that the person notified may come inand defend and that if the lessor or the supplier does not do so that personwill be bound in any action against that person by the lessee by anydetermination of fact common to the two litigations, then unless the personnotified after seasonable receipt of the notice does come in and defend thatperson is so bound.
(b) The lessor or the supplier may demand in writing that the lessee turnover control of the litigation including settlement if the claim is one forinfringement or the like (§ 8.2A-211) or else be barred from any remedy. Ifthe demand states that the lessor or the supplier agrees to bear all expenseand to satisfy any adverse judgment, then unless the lessee after seasonablereceipt of the demand does turn over control the lessee is so barred.
(5) Subsections (3) and (4) of this section apply to any obligation of alessee to hold the lessor or the supplier harmless against infringement orthe like (§ 8.2A-211).
