57A-2A-209. Lessee under finance lease as beneficiary of supply contract.
271 words·~1 min read·
/sd/title-57/chapter-57-2/57a-2a-209·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The benefit of the supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, under 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 subject to the terms of the supply contract and all of the supplier's defenses or claims arising therefrom.
(2)The extension of the benefit of the supplier's promises and warranties to the lessee in subsection
(1)of this section does not:
(a)modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or
(b)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 the lessor is effective against the lessee unless, prior to 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 If the supply contract is modified or rescinded after the lessee enters the finance lease, the lessee has a cause of action against the lessor. The lessee's recovery from such action shall put the lessee in as good a position as if the modification or rescission had not occurred.
(4)In addition to the extension of the benefit of the supplier's promises and warranties to the lessee under subsection
(1)of this section, the lessee retains all rights and remedies which the lessee may have against the supplier that arise from any agreement between the lessee and the supplier or from any other law.