Massachusetts General Laws ch. 106 sec. 2A-214A – Limitation on Exclusion or Modification of Warranties
Section 2A–214A. (1) The provisions of section 2A–214 shall not apply to the extent provided in this section.
Terms Used In Massachusetts General Laws ch. 106 sec. 2A-214A
- Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed twenty-five thousand dollars. See Massachusetts General Laws ch. 106 sec. 2A-103
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Massachusetts General Laws ch. 106 sec. 2A-103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Massachusetts General Laws ch. 106 sec. 2A-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Massachusetts General Laws ch. 106 sec. 2A-103
- Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Massachusetts General Laws ch. 106 sec. 2A-103
(2) Any language, oral or written, in a consumer lease, which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify the lessee‘s remedies for breach of those warranties, shall be unenforceable.
(3) Any language, oral or written, in a consumer lease, which attempts to limit or modify the lessee’s remedies for breach of a manufacturer’s express warranties, shall be unenforceable, unless such manufacturer maintains facilities within the commonwealth sufficient to provide reasonable and expeditious performance of the warranty obligations.
(4) Any language, oral or written, in a lease which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify remedies for breach of those warranties, shall be unenforceable with respect to injury to the person. This subsection does not affect the validity under other law of an agreement between a lessor or supplier and a lessee that is an organization (see Section 1–201(28)), allocating, as between them, the risk of damages from or providing indemnity for breaches of those warranties with respect to injury to the person.
(5) The provisions of this section may not be disclaimed or waived by agreement.