8.2A-212 - A-212. Implied warranty of merchantability.
§ 8.2A-212. Implied warranty of merchantability.
(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 description in the leaseagreement;
(b) In the case of fungible goods, are of fair average quality within thedescription;
(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 agreementmay require; and
(f) Conform to any promises or affirmations of fact made on the container orlabel.
(3) Other implied warranties may arise from course of dealing or usage oftrade.
(1991, c. 536.)