§2-1212. Implied warranty of merchantability
206 words·~1 min read·
/me/title-11-uniform-commercial-code/2-1212A 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.
[PL 1991, c. 805, §4 (NEW).]
(2). Goods to be merchantable must at least:
(a). Pass without objection in the trade under the description in the lease agreement; [PL 1991, c. 805, §4 (NEW).]
(b). In the case of fungible goods, be of fair average quality within the description; [PL 1991, c. 805, §4 (NEW).]
(c). Be fit for the ordinary purposes for which goods of that type are used; [PL 1991, c. 805, §4 (NEW).]
(d). Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved; [PL 1991, c. 805, §4 (NEW).]
(e). Be adequately contained, packaged and labeled as the lease agreement may require; and [PL 1991, c. 805, §4 (NEW).]
(f). Conform to any promises or affirmations of fact made on the container or label. [PL 1991, c. 805, §4 (NEW).]
[PL 1991, c. 805, §4 (NEW).]
(3). Other implied warranties may arise from course of dealing or usage of trade.
[PL 1991, c. 805, §4 (NEW).]