30-2A-510. Installment lease contracts -- rejection and default. (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: En. Sec. 64, Ch. 410, L. 1991.
Structure Montana Code Annotated
Chapter 2A. Uniform Commercial Code Leases
30-2A-501. Default -- procedure
30-2A-502. Notice after default
30-2A-503. Modification or impairment of rights and remedies
30-2A-504. Liquidation of damages
30-2A-506. Statute of limitations
30-2A-507. Proof of market rent -- time and place
30-2A-509. Lessee's rights on improper delivery -- rightful rejection
30-2A-510. Installment lease contracts -- rejection and default
30-2A-511. Merchant lessee's duties as to rightfully rejected goods
30-2A-512. Lessee's duties as to rightfully rejected goods
30-2A-513. Cure by lessor of improper tender or delivery -- replacement
30-2A-514. Waiver of lessee's objections
30-2A-515. Acceptance of goods
30-2A-517. Revocation of acceptance of goods
30-2A-518. Cover -- substitute goods
30-2A-520. Lessee's incidental and consequential damages
30-2A-521. Lessee's right to specific performance or replevin
30-2A-522. Lessee's right to goods on lessor's insolvency
30-2A-524. Lessor's right to identify goods to lease contract
30-2A-525. Lessor's right to possession of goods
30-2A-526. Lessor's stoppage of delivery in transit or otherwise
30-2A-527. Lessor's rights to dispose of goods
30-2A-528. Lessor's damages for nonacceptance, failure to pay, repudiation, or other default
30-2A-529. Lessor's action for rent
30-2A-530. Lessor's incidental damages
30-2A-531. Standing to sue third parties for injury to goods