Source: L. 91: Entire article added, p. 286, § 1, effective July 1, 1992.
Uniform Statutory Source: Section 2-501.
Changes: This section, together with Section 2A-217, is derived from the provisions of Section 2-501, with changes and additions to reflect leasing practices and terminology.
Purposes: Subsection (2) states a rule allowing substitution of goods by the lessor under certain circumstances, until default or insolvency of the lessor, or until notification to the lessee that identification is final. Subsection (3) states a rule regarding the lessor's insurable interest that, by virtue of the difference between a sale and a lease, necessarily is different from the rule stated in Section 2-501(2) regarding the seller's insurable interest. For this purpose the option to buy shall be deemed to have been exercised by the lessee when the resulting sale is closed, not when the lessee gives notice to the lessor. Further, subsection (5) is new and reflects the common practice of shifting the responsibility and cost of insuring the goods between the parties to the lease transaction.
Cross References:
Sections 2-501, 2-501(2) and 2A-217.
Definitional Cross References:
"Agreement". Section 1-201(3).
"Buying". Section 2A-103(1)(a).
"Conforming". Section 2A-103(1)(d).
"Goods". Section 2A-103(1)(h).
"Insolvent". Section 1-201(23).
"Lease contract". Section 2A-103(1)(l).
"Lessee". Section 2A-103(1)(n).
"Lessor". Section 2A-103(1)(p).
"Notification". Section 1-201(26).
"Party". Section 1-201(29).
Structure Colorado Code
Title 4 - Uniform Commercial Code
Part 2 - Formation and Construction of Lease Contract
§ 4-2.5-201. Statute of Frauds
§ 4-2.5-202. Final Written Expression: Parol or Extrinsic Evidence
§ 4-2.5-203. Seals Inoperative
§ 4-2.5-204. Formation in General
§ 4-2.5-206. Offer and Acceptance in Formation of Lease Contract
§ 4-2.5-207. Course of Performance or Practical Construction
§ 4-2.5-208. Modification, Rescission and Waiver
§ 4-2.5-209. Lessee Under Finance Lease as Beneficiary of Supply Contract
§ 4-2.5-210. Express Warranties
§ 4-2.5-212. Implied Warranty of Merchantability
§ 4-2.5-213. Implied Warranty of Fitness for Particular Purpose
§ 4-2.5-214. Exclusion or Modification of Warranties
§ 4-2.5-215. Cumulation and Conflict of Warranties Express or Implied
§ 4-2.5-216. Third-Party Beneficiaries of Express and Implied Warranties
§ 4-2.5-218. Insurance and Proceeds