Title 11, Chapter 2A, Section 209
( 11-2A-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 (Code Section 11-2A-209(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 the 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the lessor and warranties that were so modified or rescinded as they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 that the lessee may have against the
supplier which arise from an agreement between the lessee and the
supplier or under other law. |