§ 6A-2.1-212 - Implied warranty of merchantability.
SECTION 6A-2.1-212
§ 6A-2.1-212 Implied warranty ofmerchantability. – (1) Except in a finance lease, a warranty that the goods will be merchantableis implied in a lease contract if the lessor is a merchant with respect togoods of that kind.
(2) Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the descriptionin the lease agreement;
(b) In the case of fungible goods, are of fair averagequality within the description;
(c) Are fit for the ordinary purposes for which goods of thattype are used;
(d) Run, within the variation permitted by the leaseagreement, of even kind, quality, and quantity within each unit and among allunits involved;
(e) Are adequately contained, packaged, and labeled as thelease agreement may require; and
(f) Conform to any promises or affirmations of fact made onthe container or label.
(3) Other implied warranties may arise from course of dealingor usage of trade.