§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.
[PL 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;
[PL 1991, c. 805, §4 (NEW).]
(b).
In the case of fungible goods, be of fair average quality within the description;
[PL 1991, c. 805, §4 (NEW).]
(c).
Be fit for the ordinary purposes for which goods of that type are used;
[PL 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;
[PL 1991, c. 805, §4 (NEW).]
(e).
Be adequately contained, packaged and labeled as the lease agreement may require; and
[PL 1991, c. 805, §4 (NEW).]
(f).
Conform to any promises or affirmations of fact made on the container or label.
[PL 1991, c. 805, §4 (NEW).]
[PL 1991, c. 805, §4 (NEW).]
(3).
Other implied warranties may arise from course of dealing or usage of trade.
[PL 1991, c. 805, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 805, §4 (NEW).