2-A-212 - Implied Warranty of Merchantability.

Section 2-A-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.