(1) Under an installment lease contract, a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.
(2) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole, there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries.
History.—s. 1, ch. 90-278.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 680 - Uniform Commercial Code: Leases
Part V - Default (Ss. 680.501-680.532)
680.502 - Notice after default.
680.503 - Modification or impairment of rights and remedies.
680.504 - Liquidation of damages.
680.506 - Statute of limitation.
680.507 - Proof of market rent; time and place.
680.509 - Lessee’s rights on improper delivery; rightful rejection.
680.51 - Installment lease contracts: rejection and default.
680.511 - Merchant lessee’s duties as to rightfully rejected goods.
680.512 - Lessee’s duties as to rightfully rejected goods.
680.513 - Cure by lessor of improper tender or delivery; replacement.
680.514 - Waiver of lessee’s objections.
680.515 - Acceptance of goods.
680.517 - Revocation of acceptance of goods.
680.518 - Cover; substitute goods.
680.52 - Lessee’s incidental and consequential damages.
680.521 - Lessee’s right to specific performance or replevin.
680.522 - Lessee’s right to goods on lessor’s insolvency.
680.524 - Lessor’s right to identify goods to lease contract.
680.525 - Lessor’s right to possession of goods.
680.526 - Lessor’s stoppage of delivery in transit or otherwise.
680.527 - Lessor’s rights to dispose of goods.
680.528 - Lessor’s damages for nonacceptance or repudiation.
680.529 - Lessor’s action for the rent.
680.53 - Lessor’s incidental damages.
680.531 - Standing to sue third parties for injury to goods.