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Commercial Code - COM - COM § 10208

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10208

(a) An agreement modifying a lease contract needs no consideration to be binding. (b) A signed lease agreement that excludes modification or rescission except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a

Commercial Code - COM - COM § 10209

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10209

(a) The benefit of a supplier’s promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee’

Commercial Code - COM - COM § 10210

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10210

(a) Express warranties by the lessor are created as follows: (1) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation

Commercial Code - COM - COM § 10211

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10211

(a) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee’s enjoyment of its

Commercial Code - COM - COM § 10212

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10212

(a) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (b) Goods to be merchantable must be at least such as: (1) Pass without objection in the trade under the de

Commercial Code - COM - COM § 10213

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10213

Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor’s skill or judgment to select or furnish suitable goods, there is in the leas

Commercial Code - COM - COM § 10214

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10214

(a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of Section 10202 on parol or extrinsic evidence, neg

Commercial Code - COM - COM § 10215

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10215

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply: (1) E

Commercial Code - COM - COM § 10217

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10217

Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs: (1) When the lease contract is made, if the lease contract is for a lease

Commercial Code - COM - COM § 10218

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10218

(a) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them. (b) If a lessee has an insurable interest only by reason of the lessor’s identificat

Commercial Code - COM - COM § 10219

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10219

(a) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee. (b) Subject to the provisions of this division on the effect of default on risk of loss (Section 1

Commercial Code - COM - COM § 10220

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10220

(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 leas

Commercial Code - COM - COM § 10221

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10221

If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor, or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agree

Commercial Code - COM - COM § 10301

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10301

Except as otherwise provided in this division, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods, and against creditors of the parties.

Commercial Code - COM - COM § 10302

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10302

Except as otherwise provided in this division, each provision of this division applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that pos

Commercial Code - COM - COM § 10303

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10303

(a) As used in the section, “creation of a security interest” includes the sale of a lease contract that is subject to Division 9 (commencing with Section 9101), Secured Transactions, by reason of paragraph (3) of subdivision (a) of Section 9109. (b) Except as provided in subdivi

Commercial Code - COM - COM § 10304

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10304

(a) Subject to Section 10303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and, except as provided in sub

Commercial Code - COM - COM § 10305

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10305

(a) Subject to the provisions of Section 10303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and, except as prov

Commercial Code - COM - COM § 10306

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10306

If a person in the ordinary course of his or her business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority ove

Commercial Code - COM - COM § 10307

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10307

(a) Except as otherwise provided in Section 10306, a creditor of a lessee takes subject to the lease contract. (b) Except as otherwise provided in subdivision (c) and in Sections 10306 and 10308, a creditor of a lessor takes subject to the lease contract unless the creditor holds

Commercial Code - COM - COM § 10308

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10308

(a) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent or void under any statute or rule of law, but retention of possession in good faith an

Commercial Code - COM - COM § 10309

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10309

(a) In this section: (1) Goods are “fixtures” when they become so related to particular real estate that an interest in them arises under real estate law; (2) A “fixture filing” is the filing, in the office where a record of a mortgage on the real estate would be recorded, of a f

Commercial Code - COM - COM § 10310

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10310

(a) Goods are “accessions” when they are installed in or affixed to other goods. (b) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subdivision (d). (c) The

Commercial Code - COM - COM § 10311

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10311

Nothing in this division prevents subordination by agreement by any person entitled to priority.

Commercial Code - COM - COM § 10401

statute | California | California Legislative Counsel

Commercial Code - COM - COM § 10401

(a) A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. (b) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequa