§490:2A-209  Lessee under finance lease as
beneficiary of supply contract.  (a)  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.



(b)  The extension of the benefit of a
supplier's promises and of warranties to the lessee (section 490:2A-209(a))
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.



(c)  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modified or rescinded as they existed and were available to the lessee before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)  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. [L 1991, c 40, pt of §1]