reglab/housing_qa huggingface dataset:
HI Rev Stat § 490:2A-214 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-214 Exclusion or modification of warranties.

  §490:2A-214 Exclusion or modification of warranties. (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 490:2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.  (b) Subject to subsection (c), to exclude or modify the implied warranty of merchantability or any part of it the language must mention "merchantability", be by a writing, and be conspicuous. Subject to subsection (c), to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, "There is no warranty that the goods will be fit for a particular purpose".  (c) Notwithstanding subsection (b), but subject to subsection (d):  (1) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", or "with all faults", or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;  (2) If the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and  (3) An implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.  (d) To exclude or modify a warranty against interference or against infringement (section 490:2A-211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-215 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-215 Cumulation and conflict of warranties express or implied.

  §490:2A-215 Cumulation and conflict of warranties express or implied. 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) Exact or technical specifications displace an inconsistent sample or model or general language of description.  (2) A sample from an existing bulk displaces inconsistent general language of description.  (3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-216 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-216 Third-party beneficiaries of express and implied warranties.

  §490:2A-216 Third-party beneficiaries of express and implied warranties. A warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any person who may reasonably be expected to use, consume, or be affected by the goods and who is injured by breach of the warranty. The operation of this section may not be excluded, modified, or limited with respect to injury to the person of an individual to whom the warranty extends, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against the beneficiary designated under this section. [L 1991, c 40, pt of §1] Case Notes  Cited: 634 F. Supp. 2d 1130 (2009).
HI Rev Stat § 490:2A-217 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-217 Identification.

  §490:2A-217 Identification. 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 of goods that are existing and identified;  (2) When the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or  (3) When the young are conceived, if the lease contract is for a lease of unborn young of animals. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-218 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-218 Insurance and proceeds.

  §490:2A-218 Insurance and proceeds. (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 identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified.  (c) Notwithstanding a lessee's insurable interest under subsections (a) and (b), the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.  (d) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.  (e) The parties by agreement may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-219 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-219 Risk of loss.

  §490:2A-219 Risk of loss. (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 article on the effect of default on risk of loss (section 490:2A-220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:  (1) If the lease contract requires or authorizes the goods to be shipped by carrier:  (i) And it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but  (ii) If it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.  (2) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods.  (3) In any case not within paragraph (1) or (2), the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery. [L 1991, c 40, pt of §1] Case Notes  Where photo processing machine was never delivered to plaintiff, risk of loss did not pass from vendor to plaintiff under this section. 104 H. 148 (App.), 85 P.3d 1099.
HI Rev Stat § 490:2A-220 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-220 Effect of default on risk of loss.

  §490:2A-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.  (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. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-221 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-221 Casualty to identified goods.

  §490:2A-221 Casualty to identified goods.  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 agreement or section 490:2A-219, then:  (1) If the loss is total, the lease contract is avoided; and  (2) If the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at the lessee's option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-301 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-301 Enforceability of lease contract.

  §490:2A-301 Enforceability of lease contract. Except as otherwise provided in this article, 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. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-302 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-302 Title to and possession of goods.

  §490:2A-302 Title to and possession of goods. Except as otherwise provided in this article, each provision of this article 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 possession or the absence of possession is fraudulent. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-304 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-304 Subsequent lease of goods by lessor.

  §490:2A-304 Subsequent lease of goods by lessor. (a) Subject to section 490:2A-303, 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 subsection (b) and section 490:2A-527(d), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though:  (1) The lessor's transferor was deceived as to the identity of the lessor;  (2) The delivery was in exchange for a check which is later dishonored;  (3) It was agreed that the transaction was to be a "cash sale"; or  (4) The delivery was procured through fraud punishable as larcenous under the criminal law.  (b) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract.  (c) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-305 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-305 Sale or sublease of goods by lessee.

  §490:2A-305 Sale or sublease of goods by lessee. (a) Subject to the provisions of section 490:2A-303, 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 provided in subsection (b) and section 490:2A-511(d), takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease the lessee has that power even though:  (1) The lessor was deceived as to the identity of the lessee;  (2) The delivery was in exchange for a check which is later dishonored; or  (3) The delivery was procured through fraud punishable as larcenous under the criminal law.  (b) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods, and takes free of the existing lease contract.  (c) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-306 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-306 Priority of certain liens arising by operation of law.

  §490:2A-306 Priority of certain liens arising by operation of law. If a person in the ordinary course of the person's 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 over any interest of the lessor or lessee under the lease contract or this article unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-307 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

  §490:2A-307 Priority of liens arising by attachment or levy on, security interests in, and other claims to goods. (a) Except as otherwise provided in section 490:2A-306, a creditor of a lessee takes subject to the lease contract.  (b) Except as otherwise provided in subsection (c) and sections 490:2A-306 and 490:2A-308, a creditor of a lessor takes subject to the lease contract unless the creditor holds a lien that attached to the goods before the lease contract became enforceable.  (c) Except as otherwise provided in sections 490:9-317, 490:9-321, and 490:9-323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor. [L 1991, c 40, pt of §1; am L 2000, c 241, §18]
HI Rev Stat § 490:2A-308 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-308 Special rights of creditors.

  §490:2A-308 Special rights of creditors. (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 under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.  (b) Nothing in this article impairs the rights of creditors of a lessor if the lease contract (i) becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security, or the like, and (ii) is made under circumstances which under any statute or rule of law apart from this article would constitute the transaction a fraudulent transfer or voidable preference.  (c) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-310 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-310 Lessor's and lessee's rights when goods become accessions.

  §490:2A-310 Lessor's and lessee's rights when goods become accessions.  (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 subsection (d).  (c) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (d) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.  (d) The interest of a lessor or a lessee under a lease contract described in subsection (b) or (c) is subordinate to the interest of:  (1) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or  (2) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.  (e) When under subsections (b) or (c) and (d) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (i) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this article, or (ii) if necessary to enforce other rights and remedies under this article, remove the goods from the whole, free and clear of all interests in the whole, but the removing party must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-311 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-311 Priority subject to subordination.

  §490:2A-311 Priority subject to subordination.  Nothing in this article prevents subordination by agreement by any person entitled to priority. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-401 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-401 Insecurity: adequate assurance of performance.

  §490:2A-401 Insecurity: adequate assurance of performance. (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 adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which the insecure party has not already received the agreed return.  (c) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed thirty days after receipt of a demand by the other party.  (d) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.  (e) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. [L 1991, c 40, pt of §1]
HI Rev Stat § 490:2A-402 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:2A-402 Anticipatory repudiation.

  §490:2A-402 Anticipatory repudiation. If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:  (1) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;  (2) Make demand pursuant to section 490:2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or  (3) Resort to any right or remedy upon default under the lease contract or this article, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party's performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this article on the lessor's right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (section 490:2A-524). [L 1991, c 40, pt of §1]