§ 2A209. Lessee under finance lease as beneficiary of supply
contract.
(a) General rule.--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 subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.
(b) Effect of extension of benefits.--The extension of the benefit of a supplier's promises and warranties to the lessee (subsection (a)) does not:
(1) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise; or
(2) impose any duty or liability under the supply contract on the lessee.
(c) Modification or rescission by supplier and lessor.--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to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.
(d) Additional rights of lessee.--In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection (a), 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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 2A2 - Formation and Construction of Lease Contract
Section 2A201 - Statute of frauds
Section 2A202 - Final written expression: parol or extrinsic evidence
Section 2A203 - Seals inoperative
Section 2A204 - Formation in general
Section 2A206 - Offer and acceptance in formation of lease contract
Section 2A207 - Course of performance or practical construction (Deleted by amendment)
Section 2A208 - Modification, rescission and waiver
Section 2A209 - Lessee under finance lease as beneficiary of supply contract
Section 2A210 - Express warranties
Section 2A212 - Implied warranty of merchantability
Section 2A213 - Implied warranty of fitness for particular purpose
Section 2A214 - Exclusion or modification of warranties
Section 2A215 - Cumulation and conflict of warranties express or implied
Section 2A216 - Third party beneficiaries of express and implied warranties
Section 2A217 - Identification
Section 2A218 - Insurance and proceeds