§ 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 (§ 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to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.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) of this section, 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. (Added 1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)
Structure Vermont Statutes
Title 9A - Uniform Commercial Code
§ 2A—103. Definitions and index of definitions
§ 2A—104. Leases subject to other law
§ 2A—105. Territorial application of article to goods covered by certificate of title
§ 2A—107. Waiver or renunciation of claim or right after default
§ 2A—109. Option to accelerate at will
§ 2A—202. Final written expression; parol or extrinsic evidence
§ 2A—204. Formation in general
§ 2A—206. Offer and acceptance in formation of lease contract
§ 2A—208. Modification, rescission and waiver
§ 2A—209. Lessee under finance lease as beneficiary of supply contract
§ 2A—212. Implied warranty of merchantability
§ 2A—213. Implied warranty of fitness for particular purpose
§ 2A—214. Exclusion or modification of warranties
§ 2A—215. Cumulation and conflict of warranties express or implied
§ 2A—216. Third-party beneficiaries of express and implied warranties
§ 2A—218. Insurance and proceeds
§ 2A—220. Effect of default on risk of loss
§ 2A—221. Casualty to identified goods
§ 2A—301. Enforceability of lease contract
§ 2A—302. Title to and possession of goods
§ 2A—304. Subsequent lease of goods by lessor
§ 2A—305. Sale or sublease of goods by lessee
§ 2A—306. Priority of certain liens arising by operation of law
§ 2A—308. Special rights of creditors
§ 2A—309. Lessor’s and lessee’s rights when goods become fixtures
§ 2A—310. Lessor’s and lessee’s rights when goods become accessions
§ 2A—311. Priority subject to subordination
§ 2A—401. Insecurity: adequate assurance of performance
§ 2A—402. Anticipatory repudiation
§ 2A—403. Retraction of anticipatory repudiation
§ 2A—404. Substituted performance
§ 2A—406. Procedure on excused performance
§ 2A—407. Irrevocable promises: finance leases
§ 2A—502. Notice after default
§ 2A—503. Modification or impairment of rights and remedies
§ 2A—504. Liquidation of damages
§ 2A—506. Statute of limitations
§ 2A—507. Proof of market rent: time and place
§ 2A—509. Lessee’s rights on improper delivery; rightful rejection
§ 2A—510. Installment lease contracts: rejection and default
§ 2A—511. Merchant lessee’s duties as to rightfully rejected goods
§ 2A—512. Lessee’s duties as to rightfully rejected goods
§ 2A—513. Cure by lessor of improper tender or delivery; replacement
§ 2A—514. Waiver of lessee’s objections
§ 2A—517. Revocation of acceptance of goods
§ 2A—518. Cover; substitute goods
§ 2A—520. Lessee’s incidental and consequential damages
§ 2A—521. Lessee’s right to specific performance or replevin
§ 2A—522. Lessee’s right to goods on lessor’s insolvency
§ 2A—524. Lessor’s right to identify goods to lease contract
§ 2A—525. Lessor’s right to possession of goods
§ 2A—526. Lessor’s stoppage of delivery in transit or otherwise
§ 2A—527. Lessor’s rights to dispose of goods
§ 2A—528. Lessor’s damages for non-acceptance, failure to pay, repudiation, or other default
§ 2A—529. Lessor’s action for the rent
§ 2A—530. Lessor’s incidental damages