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This entry was published on 2014-09-22
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Implied Warranty of Merchantability
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 2
Section 2-A-212. 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.

(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.