Acceptance of leased goods

Article 278.- Acceptance of leased goods

Set-up-company-in-vietnam-Vinasc21. The lessee shall be deemed having accepted the leased goods after being given a reasonable opportunity to inspect the leased goods and taking one of the following acts:

a/ Not rejecting the leased goods;

b/ Certifying the appropriateness of the leased goods to agreements in the contract;

c/ Confirming the acceptance of the goods despite their inappropriateness to agreements in the contract.

2. If the lessee discovers the inappropriateness of the leased goods to the contract after accepting such goods and such inappropriateness is detectable through a reasonable inspection before the acceptance, the lessee shall not be entitled to rely on such inappropriateness as an excuse for returning the goods.

Article 279.- Withdrawal of acceptance

1. Lessees may withdraw their acceptance of part or whole of the leased goods if the inappropriateness of such leased goods may render them unable to achieve the objectives of the entry into of contracts and falls into one of the following cases:

a/ Lessors fail to make reasonable rectification according to Article 277 of this Law;

b/ Lessees fail to detect the inappropriateness of the goods due to lessors’ guarantee.

2. The withdrawal of acceptance must be made within a reasonable period of time, which must not exceed three months as from the date lessees accept the goods.

Article 280.- Responsibility for defects of leased goods

Unless otherwise agreed, responsibility for defects of leased goods is provided for as follows:

Set-up-company-in-vietnam-Vinasc11. In the lease duration, lessors shall be responsible for any defects of leased goods which already exist at the time of delivery of such goods to lessees, except for cases mentioned in Clauses 2 and 3 of this Article;

2. Lessors shall not be responsible for any defects of leased goods which already exist prior to the entry into of contracts and which lessees knew or should have known;

3. Lessors shall not be responsible for any defects of leased goods which are detected after lessees have accepted the leased goods and which would have been detected by lessees through reasonable inspections before accepting the goods.

4. Lessors shall be responsible for any defects of leased goods appearing after the time of passing risks due to lessors’ breaches of their committed obligations.