Learonal, Inc. v. ACL Electronics (USA), Inc., 1997 WL 458767 (S.D.N.Y. 8/11/97). DELIVERY DATE/FORUM SELECTION CLAUSE - The good news is that this case upheld the forum selection clause, permitting the lessor to sue in New York. The bad news (although the ruling seems correct) is that the lessor was unable to obtain summary judgment where only a portion of the equipment was delivered and accepted. The lessee objected to the functioning of some of the equipment which it accepted and refused to take delivery of the remaining equipment. The lessor was unsuccessful in claiming that a default existed as to this remaining equipment as the lease term did not start. Message: Be very careful in the commencement phase of a lease! If the lessee refuses to accept delivery, your lease probably does not begin and, unless you have a separate agreement with respect to the lessee's responsibility, you may have no contract.
Delivery Date/Forum Selection Clause
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