West Virginia § 46B-2-4 Implied warranty of merchantability

West Virginia Statutes

§ 46B-2-4 — Implied warranty of merchantability

West Virginia § 46B-2-4

Ch. 46BREGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS

Art. 2FORMATION AND CONSTRUCTION OF AGREEMENTS FOR THE RENTAL OF CONSUMER GOODS

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Bluebook

W. Va. Code § 46B-2-4 (2026).

Text

(a)A warranty that the consumer goods will be merchantable is implied in every contract for the rental of consumer goods if the dealer is a merchant with respect to consumer goods of that kind.

(b)Consumer goods to be merchantable must be at least such as:

(1)Pass without objection in the trade under the description in the rental agreement;

(2)Are fit for the ordinary purposes for which consumer goods of that type are used; and

(3)Conform to any promises or affirmations of fact made on the container or label.

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

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(a) A warranty that the consumer goods will be merchantable is implied in every contract for the rental of consumer goods if the dealer is a merchant with respect to consumer goods of that kind.

(b) Consumer goods to be merchantable must be at least such as:

(1) Pass without objection in the trade under the description in the rental agreement;

(2) Are fit for the ordinary purposes for which consumer goods of that type are used; and

(3) Conform to any promises or affirmations of fact made on the container or label.

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