§ 25-2A-221. Casualty to identified goods. - North Carolina Statutes

§25‑2A‑221.  Casualty to identified goods.

If a lease contract requiresgoods identified when the lease contract is made, and the goods suffer casualtywithout fault of the lessee, the lessor, or the supplier before delivery, orthe goods suffer casualty before risk of loss passes to the lessee pursuant tothe lease agreement or G.S. 25‑2A‑219, then:

(a)        if the loss istotal, the lease contract is avoided; and

(b)        if the loss ispartial or the goods have so deteriorated as to no longer conform to the leasecontract, the lessee may nevertheless demand inspection and at his optioneither treat the lease contract as avoided or, except in a finance lease thatis not a consumer lease, accept the goods with due allowance from the rentpayable for the balance of the lease term for the deterioration or thedeficiency in quantity but without further right against the lessor. (1993,c. 463, s. 1.)