47-2A212. Implied warranty of merchantability
A. Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
B. Goods to be merchantable must be at least such as:
1. Pass without objection in the trade under the description in the lease agreement;
2. In the case of fungible goods, are of fair average quality within the description;
3. Are fit for the ordinary purposes for which goods of that type are used;
4. Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;
5. Are adequately contained, packaged and labeled as the lease agreement may require; and
6. Conform to any promises or affirmations of fact made on the container or label.
C. Other implied warranties may arise from course of dealing or usage of trade.
Section: Previous 47-2a204 47-2a205 47-2a206 47-2a208 47-2a209 47-2a210 47-2a211 47-2a212 47-2a213 47-2a214 47-2a215 47-2a216 47-2a217 47-2a218 47-2a219 NextLast modified: October 13, 2016