Section 45.12.504. Liquidation of damages.

   (a) Damages payable by either party for default, or another 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.
   (b) If the lease agreement provides for liquidation of damages, and the provision does not comply with (a) of this section, or the provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this chapter.
   (c) If the lessor justifiably withholds or stops delivery of goods under AS 45.12.525 or 45.12.526 because of the lessee's default or insolvency, the lessee is entitled to restitution of any amount by which the sum of the lessee's payments exceeds
        (1) the amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages under (a) of this section; or
        (2) in the absence of the terms under (1) of this subsection, 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 that amount or $500.
   (d) A lessee's right to restitution under (c) of this section is subject to offset to the extent the lessor establishes
        (1) a right to recover damages under the provisions of this chapter other than (a) of this section; and
        (2) the amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract.

Authorities

45.12.503;45.12.518;45.12.519;45.12.527;45.12.528

Notes

References

AS 45.12.503 Modification or impairment of rights and remedies.
AS 45.12.518 Cover; substitute goods.
AS 45.12.519 Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods.
AS 45.12.527 Lessor's rights to dispose of goods.
AS 45.12.528 Lessor's damages for nonacceptance, failure to pay, repudiation, or other default.

History

(Sec. 125 ch 35 SLA 1993)