Idaho Statutes
§ 28-12-212 — IMPLIED WARRANTY OF MERCHANTABILITY
Idaho·Title 28 COMMERCIAL TRANSACTIONS·Part 2. FORMATION AND CONSTRUCTION OF LEASE CONTRACT·Ch. 12 UNIFORM COMMERCIAL CODE — LEASES
(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
[28-12-212, added 1993, ch. 287, sec. 1, p. 986.]
Nearby Sections
15
§ 28-1-101
SHORT TITLES§ 28-1-102
SCOPE OF CHAPTER§ 28-1-104
CONSTRUCTION AGAINST IMPLIED REPEAL§ 28-1-105
SEVERABILITY§ 28-1-106
USE OF SINGULAR AND PLURAL — GENDER§ 28-1-107
SECTION CAPTIONS§ 28-1-201
GENERAL DEFINITIONS§ 28-1-202
NOTICE — KNOWLEDGE§ 28-1-204
VALUE§ 28-1-205
REASONABLE TIME — SEASONABLENESS§ 28-1-206
PRESUMPTIONS