Section 28:2A-513 - Cure by lessor of improper tender or delivery; replacement

Cure by lessor of improper tender or delivery; replacement

(a) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract.

(b) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he or she seasonably notifies the lessee.

CREDIT(S)

(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)

Uniform Statutory Source: Section 2-508.

Changes: Revised to reflect leasing practices and terminology.

Definitional Cross References:

“Conforming”. Section 2A-103(1)(d).

“Delivery”. Section 1-201(14).

“Lease contract”. Section 2A-103(1)(l).

“Lessee”. Section 2A-103(1)(n).

“Lessor”. Section 2A-103(1)(p).

“Money”. Section 1-201(24).

“Notifies”. Section 1-201(26).

“Reasonable time”. Section 1-204(1) and (2).

“Seasonably”. Section 1-204(3).

“Supplier”. Section 2A-103(1)(x).

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 28:2A-513.
Legislative History of Laws
For legislative history of D.C. Law 9-128, see Historical and Statutory Notes following § 28:2A-101.

Current through September 13, 2012