The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2A-209)
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§ 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of the supplier to the lessor and warranties that were so modified or rescinded as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.)