Title 11, Chapter 2A, Section 212
( 11-2A-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. |