ORS 72A.5160
Effect of acceptance of goods

  • notice of default
  • burden of establishing default after acceptance
  • notice of claim or litigation to person answerable

(1)

A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.

(2)

A lessee’s acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this chapter or the lease agreement for nonconformity.

(3)

If a tender has been accepted:

(a)

Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;

(b)

Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like, the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and

(c)

The burden is on the lessee to establish any default.

(4)

If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable, the following apply:

(a)

The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two litigations, then unless the person notified after seasonable receipt of the notice does come in and defend, that person is so bound.

(b)

The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like as provided in ORS 72A.2110 (Warranties against interference and against infringement) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.

(5)

Subsections (3) and (4) of this section apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like. [1989 c.676 §63; 1993 c.646 §11]

Source: Section 72A.5160 — Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable, https://www.­oregonlegislature.­gov/bills_laws/ors/ors72A.­html.

72A.1010
Short title 72A.1020
Scope 72A.1030
Definitions and index of definitions 72A.1040
Leases subject to other statutes 72A.1050
Territorial application of act to goods covered by certificate of title 72A.1060
Limitation on power of parties to consumer lease to choose applicable law and judicial forum 72A.1070
Waiver or renunciation of claim or right after default 72A.1080
Unconscionability 72A.1090
Option to accelerate at will 72A.1095
Subordination by agreement 72A.2010
Statute of frauds 72A.2020
Final written expression 72A.2030
Seals inoperative 72A.2040
Formation in general 72A.2050
Firm offers 72A.2060
Offer and acceptance in formation of lease contract 72A.2080
Modification, rescission and waiver 72A.2090
Lessee under finance lease as beneficiary of supply contract 72A.2100
Express warranties 72A.2110
Warranties against interference and against infringement 72A.2120
Implied warranty of merchantability 72A.2130
Implied warranty of fitness for particular purpose 72A.2140
Exclusion or modification of warranties 72A.2150
Cumulation and conflict of warranties express or implied 72A.2160
Third-party beneficiaries of express and implied warranties 72A.2170
Identification 72A.2180
Insurance and proceeds 72A.2190
Risk of loss 72A.2200
Effect of default on risk of loss 72A.2210
Casualty to identified goods 72A.3010
Enforceability of lease contract 72A.3020
Title to and possession of goods 72A.3030
Alienability of party’s interest under lease contract or of lessor’s residual interest in goods 72A.3040
Subsequent lease of goods by lessor 72A.3050
Sale or sublease of goods by lessee 72A.3060
Priority of certain liens arising by operation of law 72A.3070
Priority of liens arising by attachment or levy on goods 72A.3080
Special rights of creditors 72A.3090
Lessor’s and lessee’s rights when goods become fixtures 72A.3095
Fixture filing recorded and indexed as mortgage 72A.3100
Lessor’s and lessee’s rights when goods become accessions 72A.4010
Insecurity 72A.4020
Anticipatory repudiation 72A.4030
Retraction of anticipatory repudiation 72A.4040
Substituted performance 72A.4050
Excused performance 72A.4060
Procedure on excused performance 72A.4070
Irrevocable promises 72A.5010
Default 72A.5020
Notice after default 72A.5030
Modification or impairment of rights and remedies 72A.5040
Liquidation of damages 72A.5050
Cancellation and termination and effect of cancellation, termination, rescission or fraud on rights and remedies 72A.5060
Statute of limitations 72A.5070
Proof of market rent 72A.5080
Lessee’s remedies 72A.5090
Lessee’s rights on improper delivery 72A.5100
Installment lease contracts 72A.5110
Merchant lessee’s duties as to rightfully rejected goods 72A.5120
Lessee’s duties as to rightfully rejected goods 72A.5130
Cure by lessor of improper tender or delivery 72A.5140
Waiver of lessee’s objections 72A.5150
Acceptance of goods 72A.5160
Effect of acceptance of goods 72A.5170
Revocation of acceptance of goods 72A.5180
Cover 72A.5190
Lessee’s damages for nondelivery, repudiation, default and breach of warranty in regard to accepted goods 72A.5200
Lessee’s incidental and consequential damages 72A.5210
Lessee’s right to specific performance or replevin 72A.5220
Lessee’s right to goods on lessor’s insolvency 72A.5230
Lessor’s remedies 72A.5240
Lessor’s right to identify goods to lease contract 72A.5250
Lessor’s right to possession of goods 72A.5260
Lessor’s stoppage of delivery in transit or otherwise 72A.5270
Lessor’s rights to dispose of goods 72A.5280
Lessor’s damages for default 72A.5290
Lessor’s action for the rent 72A.5295
Lessor’s recovery for loss of or damage to residual interest in goods 72A.5300
Lessor’s incidental damages 72A.5310
Standing to sue third parties for injury to goods
Green check means up to date. Up to date

Current through early 2024

§ 72A.5160’s source at oregon​.gov