2A212 - Implied warranty of merchantability.

     § 2A212.  Implied warranty of merchantability.        (a)  General rule.--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)  Merchantability standards for goods.--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)  Course of dealing or usage of trade.--Other implied     warranties may arise from course of dealing or usage of trade.