§ 2A-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 lessoris 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 goodsof 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 or label.
  • (3) Other implied warranties may arise from course of dealing or usage of trade.

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