reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.070. Prepayment.

(a) A retail installment contract must contain a statement that the buyer may pay the total unpaid balance on the contract at any time. A buyer who prepays in full the unpaid balance at any time before its final due date shall, if the contract is not in default more than two months, receive a refund credit of the unearned portion of the service charge for the prepayment.
(b) Except when the service charge is computed on an add-on or simple interest basis, the amount of the refund credit shall be computed according to the “rule of 78ths”; that is, it shall represent at least as great a proportion of the original service charge over $25 in case of a retail installment sale of a motor vehicle, or $10 in case of a retail installment sales of goods other than a motor vehicle, as (1) the sum of the monthly or other periodic unpaid balances under the schedule of payments in the contract beginning as of the date after the prepayment that is the next succeeding monthly or other periodic anniversary date of the due date of the first installment under the contract, or, if the prepayment is before the due date of the first installment under the contract, then as of the date after the prepayment that is the next succeeding monthly or other periodic anniversary date of the date of the contract bears to (2) the sum of all the monthly or other periodic unpaid balances under the schedule of installment payments in the contract.
(c) If the amount of refund credit is less than $1, no refund credit need be made.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.080. Delinquency, collection, and other charges; other contract provisions.

(a) If authority to do so is contained in the contract or agreement, the holder of a retail installment contract or retail charge agreement may collect any delinquency, collection or dishonored check charges, attorney fees, court costs, and disbursements. In this case, the charge must be reasonable, and no attorney fee may be recovered unless the contract is referred for collection to an attorney not a salaried employee of the holder.
(b) The contract may contain other provisions not inconsistent with the purposes of this chapter.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.090. Receipts and requests for statements.

(a) A buyer shall be given a written receipt for any payment when made in cash.
(b) Upon written request of the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the contract. This statement shall be given the buyer once without charge; if an additional statement is requested by the buyer, it shall be supplied by the holder at a charge not in excess of $1 for each additional statement supplied.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.100. Consolidation of contracts.

(a) If, in a retail installment transaction, a retail buyer makes a purchase of goods or services from a retail seller from whom the buyer has previously purchased goods or services under a retail installment contract, and the amount under the previous contract has not been fully paid, the subsequent purchase may, at the seller's option, be included in and consolidated with the previous contract. This chapter, with respect to a retail installment contract, is applicable to the subsequent purchase. In the event of consolidation, the seller shall furnish to the buyer, before the due date of the first installment of the consolidated contract, the items of information under AS 45.10.030 or 45.10.040 and a memorandum setting out
(1) the outstanding balance of the previous contract or contracts;
(2) the amount of the time balance owed by the buyer to the seller for the subsequent purchase;
(3) the consolidated time balance; and
(4) the revised installments applicable to the consolidated time balance.
(b) The seller shall deliver a copy of the memorandum to the buyer before the due date of the first installment of the consolidated contract.
(c) When the subsequent purchase is made, if the seller has retained title or taken a lien or other security interest in any of the goods purchased under one of the contracts included in the consolidation,
(1) the entire amount of all payments made before the subsequent purchase is considered to have been applied on the previous purchase;
(2) if the amount of each installment payment is not increased in connection with the subsequent purchase, the subsequent payments are considered to be allocated first to the previous purchase;
(3) if the amount of each installment payment is increased in connection with the subsequent purchase, an amount equal to the original periodic payment is allocated first to the previous purchase, and the amount of the increase may, at the seller's option, be considered to be allocated to the subsequent purchase;
(4) the amount of a down payment on the subsequent purchase is allocated in its entirety to the subsequent purchase.
(d) The provisions of (c) of this section do not apply to a case where the previous and subsequent purchases involve equipment, parts, or other goods attached or affixed to goods previously purchased and not fully paid, or to services in connection with goods previously purchased and not fully paid, rendered by the seller at the buyer's request.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.110. Notice of service charge and monthly statement.

(a) At or before the time a retail charge agreement is made, the seller shall advise the buyer in writing on the application form or otherwise, or orally that a service charge will be computed on the outstanding balance for each month, which need not be a calendar month, or other regular period agreed upon, the schedule or rate by which the service charge will be computed, and that the buyer may pay the total unpaid balance at any time. If this information is given orally, the seller shall, upon approval of the buyer's credit, deliver to the buyer or mail to the buyer at the buyer's address a memorandum setting out this information.
(b) The seller or holder of a retail charge agreement shall promptly supply the buyer with a statement as of the end of each monthly period, which need not be a calendar month, or other regular period agreed upon in which there is an unpaid balance. The statement must include the unpaid balance under the retail charge agreement and the amount of a service charge for the period.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.120. Extent of service charge.

(a) Notwithstanding any other law, the service charge included in a retail installment contract, retail charge agreement, revolving charge agreement, or other retail charge agreement must be at the rate agreed upon by the retail seller and the buyer.
(b) This section does not limit or restrict the method of computing the service charge, whether by way of add-on, simple interest, or otherwise, so long as that method is disclosed in the contract and agreed upon by the retail seller and the buyer.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.130. Insurance.

If the cost of insurance is included in the retail installment contract or retail charge agreement and a separate charge is made to the buyer for the insurance,
(1) the contract or agreement must state the nature, purpose, and amount of the insurance, and in connection with the sale of a motor vehicle, the contract must state that the insurance coverage ordered under the terms of this contract does or does not include “bodily injury liability,” “public liability,” and “property damage liability” coverage, as applicable;
(2) the contract or agreement must state whether the insurance is to be procured by the buyer or the seller;
(3) the amount included for the insurance may not exceed the premiums chargeable in accordance with the rate fixed for the insurance by the insurer except where the amount is less than $1; and if the insurance is cancelled or terminated for any reason, the refund for unearned insurance premiums received by the seller or an assignee of the seller, together with the unearned portion of the service charge applicable to the insurance, shall be credited to the final maturing installments of the retail installment contract or retail charge agreement, and the remaining balance of the unearned insurance premiums shall be refunded to the buyer; however, no cash refund is required if the amount is less than $1;
(4) if the insurance is to be procured by the seller or holder, the seller or holder shall, within 45 days after delivery of the goods or furnishing of the services under the contract, deliver, mail, or cause to be mailed to the buyer at the address as specified in the contract a notice that the insurance is procured, a copy of the policy or policies of insurance, or a certificate of the insurance so procured.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.150. Nonwaiver of chapter.

No act or agreement of the retail buyer before or at the time of the making of a retail installment contract, retail charge agreement, or purchases under the contract or agreement constitutes a valid waiver of any of the provisions of this chapter or of any remedies granted to the buyer by law.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.180. Assurance of discontinuance.

(a) In the enforcement of this chapter, the attorney general may accept an assurance of discontinuance of an act or practice considered in violation of this chapter from a person engaging in or who has engaged in the act or practice. The assurance shall be in writing and be filed with and subject to the approval of the superior court of the district in which the alleged violator resides or in which the principal place of business of the alleged violator is located.
(b) Failure to perform the terms of the assurance is prima facie proof of a violation of this chapter for the purpose of securing an injunction as provided in AS 45.10.170, and for the purposes of AS 45.10.190.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.190. Barring recovery for noncompliance.

A seller who enters into a contract or agreement that does not comply with the provisions of this chapter or who violates a provision of this chapter except as a result of an accident or bona fide error may not recover a service charge, official fee, or a delinquency or collection charge under or in connection with the related retail installment contract or purchases under a retail charge agreement. The seller or holder may nevertheless recover from the buyer an amount equal to the cash price of the goods or services and the cost to the seller or holder of insurance included in the transaction.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.210. Penalty for violation of chapter.

A person who wilfully and intentionally violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 10. Alaska Retail Installment Sales Act › Sec. 45.10.215. Applicability of chapter.

For the purposes of this chapter, a retail installment contract or retail charge agreement is entered into in this state, and is therefore subject to the provisions of this chapter, if either the seller offers or agrees to sell to a resident buyer in this state or if a resident buyer in this state accepts the offer to sell or makes the offer to buy in this state, regardless of any specification in the contract as to its situs.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 1. General Provisions. › Sec. 45.12.104. Leases subject to other law.

(a) A lease, although subject to this chapter, is also subject to an applicable
(1) certificate of title statute of this state, including AS 28.10.201;
(2) certificate of title statute of another jurisdiction as provided in AS 45.12.105;
(3) consumer protection statute of this state, or final consumer protection decision of a court of this state existing on January 1, 1994; or
(4) provision of AS 36.30 (State Procurement Code).
(b) In case of conflict between this chapter, other than AS 45.12.105, 45.12.304(c), and 45.12.305(c), and a statute or decision referred to in (a) of this section, the statute or decision controls.
(c) Failure to comply with an applicable law has only the effect specified in it.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 1. General Provisions. › Sec. 45.12.105. Territorial application of article to goods covered by certificate of title.

Subject to the provisions of AS 45.12.304(c) and 45.12.305(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
(1) surrender of the certificate; or
(2) four months after the goods are removed from that jurisdiction and after that date until a new certificate of title is issued by another jurisdiction.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 1. General Provisions. › Sec. 45.12.106. 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 30 days after that date 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 1. General Provisions. › Sec. 45.12.107. Waiver or renunciation of claim or right after default or breach.

A 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 1. General Provisions. › Sec. 45.12.108. Unconscionability.

(a) If the court as a matter of law finds a lease contract or a 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 an unconscionable clause as to avoid an unconscionable result.
(b) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or a 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 (a) or (b) of this section, 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 of the contract, or of the conduct.
(d) Notwithstanding Rule 82, Alaska Rules of Civil Procedure, in an action in which the lessee claims unconscionability with respect to a consumer lease
(1) if the court finds unconscionability under (a) or (b) of this section, the court shall award reasonable attorney 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 fees to the party against whom the claim is made;
(3) in determining attorney fees, the amount of the recovery on behalf of the claimant under (a) and (b) of this section is not controlling.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 1. General Provisions. › Sec. 45.12.109. Option to accelerate at will.

(a) A term providing that one party or the party's successor in interest may accelerate payment or performance or require collateral or additional collateral “at will” or “when the party considers itself insecure,” or in words of similar import, shall 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 (a) of this section 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.201. 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) A description of leased goods or of the lease term is sufficient and satisfies (a)(2) of this section, 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 (a)(2) of this section beyond the lease term and the quantity of goods shown in the writing.
(d) A lease contract that does not satisfy the requirements of (a) of this section, but that 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 paragraph 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 (d) of this section is
(1) if there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term 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 admitted; or
(3) a reasonable lease term.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.202. Final written expression: parol or extrinsic evidence.

Terms with respect to which the confirmatory memoranda of the parties agree or that are otherwise set out in a writing intended by the parties as a final expression of their agreement with respect to the terms that are included in the memoranda or other writing may not be contradicted by evidence of a 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.203. 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.204. Formation in general.

(a) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties that 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.205. 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 that 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; however, in no event may the period of irrevocability exceed three months. A term of assurance under this section on a form supplied by the offeree shall be separately signed by the offeror.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.206. 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 under 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.208. Modification, rescission, and waiver.

(a) An agreement modifying a lease contract does not need 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 (b) of this section, 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.209. 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 a 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 from the warranty or supply contract.
(b) The extension of the benefit of a supplier's promises and of warranties to the lessee under (a) of this section does not
(1) modify the rights and obligations of the parties to the supply contract, whether arising from it or otherwise; or
(2) impose a duty or liability under the supply contract on the lessee.
(c) A 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 considered to have assumed, in addition to the obligations of the lessor 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 (a) of this section, the lessee retains all rights that the lessee may have against the supplier that arise from an agreement between the lessee and the supplier or under other law.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.210. Express warranties.

(a) Express warranties by the lessor are created as follows:
(1) an affirmation of fact or promise made by the lessor to the lessee that 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) a description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will conform to the description;
(3) a 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.211. 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 a person does not hold 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, that 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.212. 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 goods that
(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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.213. 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 a 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.214. 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 shall be construed wherever reasonable as consistent with each other; but, subject to the provisions of AS 45.12.202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.
(b) Subject to (c) of this section, to exclude or modify the implied warranty of merchantability or a part of it the language must mention “merchantability,” be by a writing, and be conspicuous. Subject to (c) of this section, to exclude or modify an 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 (b) of this section, but subject to (d) of this section,
(1) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is,” or “with all fault,” 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 described in AS 45.12.211 or a part of the warranty, 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.215. Cumulation and conflict of warranties express or implied.

Warranties, whether express or implied, shall 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.216. Third-party beneficiaries of express and implied warranties.

A warranty to or for the benefit of a lessee under this chapter, whether express or implied, extends to any natural person who may reasonably be expected to use, consume, or be affected by the goods and who is injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including an exclusion, a modification, or a limitation with respect to rights and remedies, effective against the lessee is also effective against the beneficiary designated under this section.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.217. 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.218. 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 (a) - (b) of this section, 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) This section does not impair an insurable interest recognized under another 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.219. 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 AS 45.12.220 on the effect of default on risk of loss, 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
(A) 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
(B) 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 a case not covered in (1) or (2) of this subsection, 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.220. 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 a 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 a deficiency in the lessor's or supplier's effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 2. Formation and Construction of Lease Contract. › Sec. 45.12.221. 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 under the lease agreement or AS 45.12.219 then, if the loss is
(1) total, the lease contract is avoided; and
(2) 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 3. Effect of Lease Contract. › Sec. 45.12.302. Title to and possession of goods.

Except as otherwise provided in this chapter, each provision of this chapter 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 a statute or rule of law that possession or the absence of possession is fraudulent.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 3. Effect of Lease Contract. › Sec. 45.12.304. Subsequent lease of goods by lessor.

(a) Subject to AS 45.12.303, 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 (b) of this section and AS 45.12.527(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 out 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 that 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 criminal law.
(b) A subsequent lessee in 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 does not take greater rights than those provided both by this section and by the certificate of title statute. If the certificate of title statute is silent on the issue of transfer, this section controls.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 3. Effect of Lease Contract. › Sec. 45.12.305. Sale or sublease of goods by lessee.

(a) Subject to the provisions of AS 45.12.303, 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 (b) of this section and AS 45.12.511(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 out in the preceding sentence. If 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 that is later dishonored; or
(3) the delivery was procured through fraud punishable as larcenous under criminal law.
(b) A buyer in ordinary course of business or a sublessee in 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 does not take greater rights than those provided both by this section and by the certificate of title statute.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 3. Effect of Lease Contract. › Sec. 45.12.306. 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 chapter 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.
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 3. Effect of Lease Contract. › Sec. 45.12.307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

(a) Except as otherwise provided in AS 45.12.306, a creditor of a lessee takes subject to the lease contract.
(b) Except as otherwise provided in (c) of this section and in AS 45.12.306 and 45.12.308, 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 AS 45.29.317, 45.29.321, and 45.29.323, a lessee takes a leasehold interest subject to a security interest held by a creditor of the lessor.
(d) [Repealed, § 31 ch 113 SLA 2000.]
2023 Alaska Statutes › Title 45. Trade and Commerce › Chapter 12. Leases › Article 3. Effect of Lease Contract. › Sec. 45.12.308. 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, 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 chapter impairs the rights of creditors of a lessor if the lease contract
(1) 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
(2) is made under circumstances that under law apart from this chapter 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 but retention of possession of the goods under 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.