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: (a) Exact or technical specifications displace an inconsistent sample or model or general language of description. (b) A sample from an existing bulk displaces inconsistent general language of description. (c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

A warranty to or for the benefit of a lessee under this Article, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessee’s home if it is reasonable to expect that such person may 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.

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: (a) when the lease contract is made if the lease contract is for a lease of goods that are existing and identified; (b) 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 (c) when the young are conceived, if the lease contract is for a lease of unborn young of animals.

This legal document, part of the New Hampshire Revised Statutes under the Uniform Commercial Code, governs the insurance and proceeds related to lease contracts. It establishes that a lessee obtains an insurable interest when goods are identified to the lease contract, even if they are nonconforming and the lessee has the option to reject them. The lessor has the right to substitute other goods until default, insolvency, or notification to the lessee that identification is final.

This legal document, part of the New Hampshire Revised Statutes under the Uniform Commercial Code, addresses the risk of loss in commercial lease agreements. It states that in most cases, the risk of loss is retained by the lessor and does not pass to the lessee. However, in the case of a finance lease, the risk of loss passes to the lessee. The document also provides rules for determining when the risk of loss passes to the lessee if it is not explicitly stated in the lease contract.

This provision, found in the New Hampshire Revised Statutes under the Uniform Commercial Code, addresses the effect of default on the risk of loss in lease contracts. If a tender or delivery of goods fails to conform to the lease contract and gives the lessee a right of rejection, the risk of loss remains with the lessor or supplier until cure or acceptance. If the lessee rightfully revokes acceptance, they may treat the risk of loss as having remained with the lessor from the beginning, to the extent of any deficiency in their effective insurance coverage.

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 2A-219, then: (a) if the loss is total, the lease contract is avoided; and (b) 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 his 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.

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. Source. 1993, 345:1, eff. Jan. 1, 1994.

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. Source. 1993, 345:1, eff. Jan. 1, 1994.

This section of the New Hampshire Revised Statutes, specifically the Uniform Commercial Code (Chapter 382-A), governs the alienability of a party’s interest under a lease contract or the lessor’s residual interest in goods, as well as the delegation of performance and transfer of rights. It outlines the provisions that may prohibit or make transfers of interests or rights an event of default in a lease agreement. However, it states that such transfers are otherwise effective, even if prohibited or considered an event of default.