Section 2-A-504. Liquidation of Damages  


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  • (1)  Damages  payable by either party for default, or any other act or
      omission, including indemnity for loss or diminution of anticipated  tax
      benefits  or  loss  or  damage  to  lessor's  residual  interest, may be
      liquidated in the lease agreement but only at an amount or by a  formula
      that  is  reasonable in light of the then anticipated harm caused by the
      default or other act or omission.
        (2) If the lease agreement provides for liquidation  of  damages,  and
      such provision does not comply with subsection (1), or such provision is
      an  exclusive  or limited remedy that circumstances cause to fail of its
      essential purpose, remedy may be had as provided in this Article.
        (3) If the lessor justifiably withholds or  stops  delivery  of  goods
      because  of  the  lessee's  default  or  insolvency  (Section 2-A-525 or
      2-A-526), the lessee is entitled to restitution of any amount  by  which
      the sum of his or her payment exceeds:
             (a) the amount to which the lessor is entitled by virtue of terms
                 liquidating   the   lessor's   damages   in  accordance  with
                 subsection (1); or
             (b) in the absence of those terms, 20 percent of the then present
                 value of the total rent the lessee was obligated to  pay  for
                 the  balance of the lease term, or, in the case of a consumer
                 lease, the lesser of such amount or $500.
        (4) A lessee's right to restitution under subsection (3) is subject to
      offset to the extent the lessor establishes:
             (a) a right to recover  damages  under  the  provisions  of  this
                 Article other than subsection (1); and
             (b) the  amount  or  value of any benefits received by the lessee
                 directly or indirectly by reason of the lease contract.