§46-2A-212. Implied warranty of merchantability.
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/wv/chapter-46-uniform-commercial-code/article-2a-leases/46-2a-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.