2025 Session Last amended: 1989 session

§ 336.2A-211 — Warranties Against Interference and Against Infringement; Lessee's Obligation Against Infringement

Plain-Language Summary

A lease contract includes a warranty that, during the lease term, no one holds a claim or interest in the goods arising from the lessor's act or omission that would interfere with the lessee's use, other than an infringement-type claim. Except in a finance lease, a lessor who is a merchant regularly dealing in goods of that kind also warrants that the goods are delivered free of any rightful infringement claim. If the lessee provides the specifications, the lessee must hold the lessor and supplier harmless against any infringement claim that arises from following those specifications.

Practical Notes
This section gives the lessee a warranty against third-party interference and, outside of finance leases from merchant lessors, against infringement claims. But if you supply the specifications for the goods, you take on the risk: you must protect the lessor and supplier from any infringement claim caused by your specifications.