§ 2A212. Implied warranty of merchantability.
(a) General rule.--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) Merchantability standards for goods.--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) Course of dealing or usage of trade.--Other implied warranties may arise from course of dealing or usage of trade.
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