Legislation
SECTION 2-A-209
Lessee Under Finance Lease as Beneficiary of Supply Contract
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 2
Section 2-A-209. Lessee Under Finance Lease as Beneficiary of Supply
Contract.
(1) The benefit of a supplier's promises to the lessor under the
supply contract and of all warranties, whether express or implied,
including those of any third party provided in connection with or as
part of the supply contract, extends to the lessee to the extent of the
lessee's leasehold interest under a finance lease related to the supply
contract, but is subject to the terms of the warranty and of the supply
contract and all defenses or claims arising therefrom.
(2) The extension of the benefit of a supplier's promises and of
warranties to the lessee under subsection (1) does not: (i) modify the
rights and obligations of the parties to the supply contract, whether
arising therefrom or otherwise, or (ii) impose any duty or liability
under the supply contract on the lessee.
(3) Any modification or rescission of the supply contract by the
supplier and lessor is effective between the supplier and the lessee
unless, before the modification or rescission, the supplier has received
notice that the lessee has entered into a finance lease related to the
supply contract. If the modification or rescission is effective between
the supplier and the lessee, the lessor is deemed to have assumed, in
addition to the obligations of the lessor to the lessee under the lease
contract, promises of the supplier to the lessor and warranties that
were so modified or rescinded as they existed and were available to the
lessee before modification or rescission.
(4) In addition to the extension of the benefit of the supplier's
promises and of warranties to the lessee under subsection (1), the
lessee retains all rights which the lessee may have against the supplier
that arise from any agreement between the lessee and supplier or under
other law.
Contract.
(1) The benefit of a supplier's promises to the lessor under the
supply contract and of all warranties, whether express or implied,
including those of any third party provided in connection with or as
part of the supply contract, extends to the lessee to the extent of the
lessee's leasehold interest under a finance lease related to the supply
contract, but is subject to the terms of the warranty and of the supply
contract and all defenses or claims arising therefrom.
(2) The extension of the benefit of a supplier's promises and of
warranties to the lessee under subsection (1) does not: (i) modify the
rights and obligations of the parties to the supply contract, whether
arising therefrom or otherwise, or (ii) impose any duty or liability
under the supply contract on the lessee.
(3) Any modification or rescission of the supply contract by the
supplier and lessor is effective between the supplier and the lessee
unless, before the modification or rescission, the supplier has received
notice that the lessee has entered into a finance lease related to the
supply contract. If the modification or rescission is effective between
the supplier and the lessee, the lessor is deemed to have assumed, in
addition to the obligations of the lessor to the lessee under the lease
contract, promises of the supplier to the lessor and warranties that
were so modified or rescinded as they existed and were available to the
lessee before modification or rescission.
(4) In addition to the extension of the benefit of the supplier's
promises and of warranties to the lessee under subsection (1), the
lessee retains all rights which the lessee may have against the supplier
that arise from any agreement between the lessee and supplier or under
other law.