§ 2A-212. IMPLIED WARRANTY OF MERCHANTABILITY

165 words·~1 min read·/us/ucc/a2A/s2A-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.