§ 26-1-2.1-212 — Implied warranty of merchantability

Indiana § 26-1-2.1-212

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 2.1: Leases

Text

(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.
(3) Other implied warranties may arise from course of dealing or
usage of trade.

Legislative History

As added by P.L.189-1991, SEC.3.