(1) When risk of loss is to pass to the lessee and the time of passage is not stated:
(a) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
(b) If the lessee rightfully revokes acceptance, she or he, to the extent of any deficiency in the lessee’s effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.
(2) 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 is otherwise 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 her or his effective insurance coverage, may treat the risk of loss as resting on the lessee for a commercially reasonable time.
History.—s. 1, ch. 90-278; s. 707, ch. 97-102.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 680 - Uniform Commercial Code: Leases
Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221)
680.202 - Final written expression: parol or extrinsic evidence.
680.204 - Formation in general.
680.206 - Offer and acceptance in formation of lease contract.
680.207 - Course of performance or practical construction.
680.208 - Modification, rescission, and waiver.
680.209 - Lessee under finance lease as beneficiary of supply contract.
680.212 - Implied warranty of merchantability.
680.213 - Implied warranty of fitness for particular purpose.
680.214 - Exclusion or modification of warranties.
680.215 - Cumulation and conflict of warranties express or implied.
680.216 - Third-party beneficiaries of express and implied warranties.
680.218 - Insurance and proceeds.