Part 2: FORMATION AND CONSTRUCTION OF LEASE CONTRACT
§2-1212. Implied warranty of merchantability
(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.
[
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; [1991, c. 805, §4 (NEW).]
(b). In the case of fungible goods, be of fair average quality within the description; [1991, c. 805, §4 (NEW).]
(c). Be fit for the ordinary purposes for which goods of that type are used; [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; [1991, c. 805, §4 (NEW).]
(e). Be adequately contained, packaged and labeled as the lease agreement may require; and [1991, c. 805, §4 (NEW).]
(f). Conform to any promises or affirmations of fact made on the container or label. [1991, c. 805, §4 (NEW).]
[
1991, c. 805, §4 (NEW)
.]
(3).
Other implied warranties may arise from course of dealing or usage of trade.
[
1991, c. 805, §4 (NEW)
.]
SECTION HISTORY
1991, c. 805, §4 (NEW).
Data for this page extracted on 10/16/2012 08:20:53.