(1) 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.
(2) Goods to be merchantable must at least:
(a) Pass without objection in the trade under the description in the lease agreement;
(b) In the case of fungible goods, be of fair average quality within the description;
(c) Be fit for the ordinary purposes for which goods of that type are used;
(d) Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;
(e) Be adequately contained, packaged and labeled as the lease agreement may require; and
(f) Conform to any promises or affirmations of fact made on the container or label.
(3) Other implied warranties may arise from course of dealing or usage of trade. [1989 c.676 §21]
Section: Previous 72A.2050 72A.2060 72A.2070 72A.2080 72A.2090 72A.2100 72A.2110 72A.2120 72A.2130 72A.2140 72A.2150 72A.2160 72A.2170 72A.2180 72A.2190 NextLast modified: August 7, 2008