Sec. 2A.220. EFFECT OF DEFAULT ON RISK OF LOSS. (a) Where risk of loss is to pass to the lessee and the time of passage is not stated:
(1) 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; or
(2) if the lessee rightfully revokes acceptance, the lessee, 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.
(b) 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 the lessor's or the supplier's effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Subchapter B. Formation and Construction of Lease Contract
Section 2A.201. Statute of Frauds
Section 2A.202. Final Written Expression; Parol or Extrinsic Evidence
Section 2A.203. Seals Inoperative
Section 2A.204. Formation in General
Section 2A.206. Offer and Acceptance in Formation of Lease Contract
Section 2A.208. Modification, Rescission and Waiver
Section 2A.209. Lessee Under Finance Lease as Beneficiary of Supply Contract
Section 2A.210. Express Warranties
Section 2A.212. Implied Warranty of Merchantability
Section 2A.213. Implied Warranty of Fitness for Particular Purpose
Section 2A.214. Exclusion or Modification of Warranties
Section 2A.215. Accumulation and Conflict of Warranties Express or Implied
Section 2A.216. Third-Party Beneficiaries of Express and Implied Warranties
Section 2A.217. Identification
Section 2A.218. Insurance and Proceeds