§ 10212
155 words·~1 min read·
/ca/commercial-code/10212·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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.
(b)Goods to be merchantable must be at least such as:
(1)Pass without objection in the trade under the description in the lease agreement;
(2)In the case of fungible goods, are of fair average quality within the description;
(3)Are fit for the ordinary purposes for which goods of that type are used;
(4)Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;
(5)Are adequately contained, packaged, and labeled as the lease agreement may require; and
(6)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.