§ 2-A-212 — Implied Warranty of Merchantability

Section 2-A-212. Implied Warranty of Merchantability.\n (1) Except in a finance lease, a warranty that the goods will be\nmerchantable is implied in a lease contract if the lessor is a merchant\nwith respect to goods of that kind.\n (2) Goods to be merchantable must be at least such as:\n (a) pass without objection in the trade under the description in\n the lease agreement;\n (b) in the case of fungible goods, are of fair average quality\n within the description;\n (c) are fit for the ordinary purposes for which goods of that\n type are used;\n (d) run, within the variation permitted by the lease agreement,\n of even kind, quality, and quantity within each unit and\n among all units involved;\n (e) are adequately contained, packaged, and labeled as the lease\n agreement may require; and\n (f) conform to any promises or affirmations of fact made on the\n container or label.\n (3) Other implied warranties may arise from course of dealing or usage\nof trade.\n