Arkansas Statutes
§ 4-2a-212 — Implied warranty of merchantability
Arkansas·Title 4
(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 be at least such as (a) pass without objection in the trade under the description in the lease agreement;
(b)in the case of fungible goods, are of fair average quality within the description;
(c)are 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)are 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.
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Legislative History
Acts 1993, No. 439, § 1.
Nearby Sections
15
§ 4-1-101
Short titles§ 4-1-102
Scope of subtitle§ 4-1-104
Construction against implicit repeal§ 4-1-105
Severability§ 4-1-106
Use of singular and plural - Gender§ 4-1-107
Section captions§ 4-1-201
General definitions§ 4-1-202
Notice - Knowledge§ 4-1-204
Value§ 4-1-205
Reasonable time - Seasonableness§ 4-1-206
Presumptions