Montana § 30-2A-212 Implied Warranty Of Merchantability

Montana Statutes

§ 30-2A-212 — Implied Warranty Of Merchantability

Montana § 30-2A-212

Title 30TRADE AND COMMERCE

Ch. 2AUNIFORM COMMERCIAL CODE LEASES

Part 2Formation and Construction of Lease Contract

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Bluebook

Mont. Code Ann. § 30-2A-212 (2026).

Text

30-2A-212 . Implied warranty of merchantability.

(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 aff

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30-2A-212 . Implied warranty of merchantability. (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.