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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 12. Leases
- Section 209. Lessee Under Finance Lease as Beneficiary of Supply Contract.
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Section 208. Modification, Rescission, and Waiver.
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Section 210. Express Warranties.
AS 45.12.209. 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 a 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 from the warranty or
supply contract.
- (b) The extension of the benefit of a supplier's promises and of warranties to the lessee under (a) of this section does
not
- (1) modify the rights and obligations of the parties to the supply contract, whether arising from it or otherwise; or
- (2) impose a duty or liability under the supply contract on the lessee.
- (c) A 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 considered to have assumed, in addition to the obligations of the lessor 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the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they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 (a) of
this section, the lessee retains all rights that the lessee may have against the supplier that arise from an agreement
between the lessee and the supplier or under other law.
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