§ 6A-2.1-209 - Lessee under finance lease as beneficiary of supply contract.
SECTION 6A-2.1-209
§ 6A-2.1-209 Lessee under finance lease asbeneficiary of supply contract. – (1) The benefit of a supplier's promises to the lessor under the supplycontract and of all warranties, whether express or implied, including those ofany 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 afinance lease related to the supply contract, but is subject to the terms ofthe warranty and of the supply contract and all defenses or claims arisingtherefrom.
(2) The extension of the benefit of a supplier's promises andof warranties to the lessee (§ 6A-2.1-209(1)) does not: (i) modify therights and obligations of the parties to the supply contract, whether arisingtherefrom or otherwise, or (ii) impose any duty or liability under the supplycontract on the lessee.
(3) Any modification or rescission of the supply contract bythe supplier and the lessor is effective between the supplier and the lesseeunless, before the modification or rescission, the supplier has received noticethat the lessee has entered into a finance lease related to the supplycontract. If the modification or rescission is effective between the supplierand the lessee, the lessor is deemed to have assumed, in addition to theobligations of the lessor to the lessee under the lease contract, promises ofthe supplier to the lessor and warranties that were so modified or rescinded asthey existed and were available to the lessee before modification or rescission.
(4) In addition to the extension of the benefit of thesupplier's promises and of warranties to the lessee under subsection (1), thelessee retains all rights that the lessee may have against the supplier whicharise from an agreement between the lessee and the supplier or under other law.