Sec. 2A-212. Implied warranty of merchantability.

161 words·~1 min read·/il/chapter-810/act-5/2a-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.