Oregon § 72A.2120 Implied warranty of merchantability

Oregon Statutes

§ 72A.2120 — Implied warranty of merchantability

Oregon § 72A.2120

Vol.2

Title 8Commercial Transactions

Ch. 072ALeases

This text of Oregon § 72A.2120 (Implied warranty of merchantability) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 72A.2120 (2026).

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 at least:

(a)Pass without objection in the trade under the description in the lease agreement;

(b)In the case of fungible goods, be of fair average quality within the description;

(c)Be 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)Be 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 impli

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(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 at least:
(a) Pass without objection in the trade under the description in the lease agreement;
(b) In the case of fungible goods, be of fair average quality within the description;
(c) Be 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) Be 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.