47-2A212
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47-2A212. Implied warranty of merchantability 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. |