1. The Laws of New York
  2. Consolidated Laws
  3. Uniform Commercial Code
  4. Article 2-A: Leases
  5. Part 2: Formation and Construction of Lease Contract


Section 2-A-212 Implied Warranty of Merchantability

Uniform Commercial Code (UCC)

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.