West Virginia Code § 46-2A-209

Lessee under finance lease as beneficiary of supply contract
Open in Lexace · Ask the AI about this section
(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 celaims arising
therefrom.
(2) The extension of the benefit of a supplier's promises and of warranties to the lessee
(section 2A-209(1)) does not: (i) Modify the rights and obligationus 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. t
(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 hasl entered into a finance lease related to
the supply contract. If the modification or rescsission 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that were so modified or rescinded ags they existed and were available to the lessee before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.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.