South Dakota § 57A-2A-212 Implied warranty of merchantability.

South Dakota Statutes

§ 57A-2A-212 — Implied warranty of merchantability.

South Dakota § 57A-2A-212

Title 57AUNIFORM COMMERCIAL CODE

Ch. 57ALEASES

This text of South Dakota § 57A-2A-212 (Implied warranty of merchantability.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 57A-2A-212 (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 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 th

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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 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.