(1) The benefit of the supplier’s promises to the lessor under a 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 (subsection (1)) 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 If the supply contract is modified or rescinded after the lessee enters the finance lease, the lessee has a cause of action against the lessor.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), 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.
History.—s. 1, ch. 90-278.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 680 - Uniform Commercial Code: Leases
Part II - Formation and Construction of Lease Contract (Ss. 680.201-680.221)
680.202 - Final written expression: parol or extrinsic evidence.
680.204 - Formation in general.
680.206 - Offer and acceptance in formation of lease contract.
680.207 - Course of performance or practical construction.
680.208 - Modification, rescission, and waiver.
680.209 - Lessee under finance lease as beneficiary of supply contract.
680.212 - Implied warranty of merchantability.
680.213 - Implied warranty of fitness for particular purpose.
680.214 - Exclusion or modification of warranties.
680.215 - Cumulation and conflict of warranties express or implied.
680.216 - Third-party beneficiaries of express and implied warranties.
680.218 - Insurance and proceeds.