reglab/housing_qa huggingface dataset:
HI Rev Stat § 490:2-725 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2-725 Statute of limitations in contracts for sale.

  §490:2-725 Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.  (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.  (3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.  (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before January 1, 1967. L 1965, c 208, §2-725; HRS §490:2-725 Case Notes  For cases involving artwork, a warranty of authenticity given by the merchant constitutes an express warranty of future performance sufficient to toll the statute of limitations. 745 F. Supp. 1556.  Applies to an implied warranty of merchantability. 747 F. Supp. 1396.  Limitations period for plaintiff's warranty claims elapsed, at the very latest, four years after last alleged date of decedent's exposure to defendant's asbestos-containing products. 854 F. Supp. 702.  No equal protection violation, where plaintiff argued that §490:2-725 discriminated among two classes of warranty claimants, and appeared to argue that UCC arbitrarily discriminated among differing classes of defendants, insofar as it granted partial immunity to those in commercial sales without similarly limiting the liability of others potentially liable for industrial diseases. 854 F. Supp. 702.  Plaintiff's breach of warranty claims were barred by operation of four year statute of limitations applicable to such claims, which period ran at the latest, four years from date plaintiff had ruptured breast implants removed from plaintiff's body. 945 F. Supp. 1334.  Section's limitations period applies to implied warranty claim for personal injury from pacemaker, rather than two-year limitations period for personal injury actions under §657-7. 74 H. 1, 837 P.2d 1273.  UCC statute of limitations applies to breach of express warranty claim for personal injury. 86 H. 383 (App.), 949 P.2d 1004.  By express limitation, §657-18 does not apply to toll the statute of limitations period set forth in this section. 93 H. 174 (App.), 998 P.2d 55.
HI Rev Stat § 490:2A-101 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-101 Short title.

Cross References Lease-purchase agreements for personal property, see chapter 481M. [PART 1. GENERAL PROVISIONS]  §490:2A-101 Short title. This article shall be known and may be cited as the Uniform Commercial Code--Leases. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-102 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-102 Scope.

  §490:2A-102 Scope. This article applies to any transaction, regardless of form, that creates a lease. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-104 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-104 Leases subject to other law.

  §490:2A-104 Leases subject to other law. (a) A lease, although subject to this article, is also subject to any applicable:  (1) Certificate of title statute of this State, such as the applicable sections in part III of chapter 286;  (2) Certificate of title statute of another jurisdiction (section 490:2A-105); or  (3) Consumer protection statute of this State, or final consumer protection decision of a court of this State existing on [January 1, 1992].  (b) In case of conflict between this article, other than sections 490:2A-105, 490:2A-304(c), and 490:2A-305(c), and a statute or decision referred to in subsection (a), the statute or decision controls.  (c) Failure to comply with an applicable law has only the effect specified therein. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-105 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-105 Territorial application of article to goods covered by certificate of title.

  §490:2A-105 Territorial application of article to goods covered by certificate of title. Subject to the provisions of sections 490:2A-304(c) and 490:2A-305(c), with respect to goods covered by a certificate of title issued under a statute of this State or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (i) surrender of the certificate, or (ii) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-106 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-106 Limitation on power of parties to consumer lease to choose applicable law and judicial forum.

  §490:2A-106 Limitation on power of parties to consumer lease to choose applicable law and judicial forum. (a) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used, the choice is not enforceable.  (b) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-107 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-107 Waiver or renunciation of claim or right after default.

  §490:2A-107 Waiver or renunciation of claim or right after default. Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-108 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-108 Unconscionability.

  §490:2A-108 Unconscionability. (a) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.  (b) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.  (c) Before making a finding of unconscionability under subsection (a) or (b), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.  (d) In an action in which the lessee claims unconscionability with respect to a consumer lease:  (1) If the court finds unconscionability under subsection (a) or (b), the court shall award reasonable attorney's fees to the lessee.  (2) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action the lessee knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.  (3) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (a) and (b) is not controlling. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-109 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-109 Option to accelerate at will.

  §490:2A-109 Option to accelerate at will. (a) A term providing that one party or that party's successor in interest may accelerate payment of performance or require collateral or additional collateral "at will" or "when the party deems the party's self insecure" or in words of similar import must be construed to mean that the party has power to do so only if the party in good faith believes that the prospect of payment or performance is impaired.  (b) With respect to a consumer lease, the burden of establishing good faith under subsection (a) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-201 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-201 Statute of frauds.

  §490:2A-201 Statute of frauds. (a) A lease contract is not enforceable by way of action or defense unless:  (1) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or  (2) There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.  (b) Any description of leased goods or of the lease term is sufficient and satisfies subsection (a)(2), whether or not it is specific, if it reasonably identifies what is described.  (c) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (a)(2) beyond the lease term and the quantity of goods shown in the writing.  (d) A lease contract that does not satisfy the requirements of subsection (a), but which is valid in other respects, is enforceable:  (1) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;  (2) If the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or  (3) With respect to goods that have been received and accepted by the lessee.  (e) The lease term under a lease contract referred to in subsection (d) is:  (1) If there is a writing signed by the party against whom enforcement is sought or by that party's authorized agency specifying the lease term, the term so specified;  (2) If the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or  (3) A reasonable lease term. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-202 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-202 Final written expression: parol or extrinsic evidence.

  §490:2A-202 Final written expression: parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:  (1) By course of dealing or usage of trade or by course of performance; and  (2) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-203 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-203 Seals inoperative.

  §490:2A-203 Seals inoperative. The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-204 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-204 Formation in general.

  §490:2A-204 Formation in general. (a) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.  (b) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.  (c) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-205 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-205 Firm offers.

  §490:2A-205 Firm offers. An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-206 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-206 Offer and acceptance in formation of lease contract.

  §490:2A-206 Offer and acceptance in formation of lease contract. (a) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.  (b) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-207 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-207 REPEALED.

  §490:2A-207 REPEALED. L 2004, c 162, §17.
HI Rev Stat § 490:2A-208 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-208 Modification, rescission and waiver.

  §490:2A-208 Modification, rescission and waiver. (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 writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.  (c) Although an attempt at modification or rescission does not satisfy the requirements of subsection (b), it may operate as a waiver.  (d) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-209 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-209 Lessee under finance lease as beneficiary of supply contract.

  §490:2A-209 Lessee under finance lease as beneficiary of supply contract.  (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's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.  (b) The extension of the benefit of a supplier's promises and of warranties to the lessee (section 490:2A-209(a)) does not: (i) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract on the lessee.  (c) Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.  (d) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection (a), the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-210 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-210 Express warranties.

  §490:2A-210 Express warranties. (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 or promise.  (2) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.  (3) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.  (b) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee", or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-211 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-211 Warranties against interference and against infringement; lessee's obligation against infringement.

  §490:2A-211 Warranties against interference and against infringement; lessee's obligation against infringement.  (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 leasehold interest.  (b) Except in a finance lease, there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind, a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.  (c) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-212 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-212 Implied warranty of merchantability.

  §490:2A-212 Implied warranty of merchantability.  (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 description in the lease agreement;  (2) In the case of fungible goods, are of fair average quality within the description;  (3) Are fit for the ordinary purposes for which goods of that type are used;  (4) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;  (5) Are adequately contained, packaged, and labeled as the lease agreement may require; and  (6) Conform to any promises or affirmations of fact made on the container or label.  (c) Other implied warranties may arise from course of dealing or usage of trade. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-213 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-213 Implied warranty of fitness for particular purpose.

  §490:2A-213 Implied warranty of fitness for particular purpose. 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 lease contract an implied warranty that the goods will be fit for that purpose. [L 1991, c 40, pt of §1]