11-2A-212. Implied warranty of merchantability.

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.#

Goods to be merchantable must be at least such as:#

1. (a)

   Pass without objection in the trade under the description in the lease agreement;#

2. (b)

   In the case of fungible goods, are of fair average quality within the description;#

3. (c)

   Are fit for the ordinary purposes for which goods of that type are used;#

4. (d)

   Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;#

5. (e)

   Are adequately contained, packaged, and labeled as the lease agreement may require; and#

6. (f)

   Conform to any promises or affirmations of fact made on the container or label.#

Other implied warranties may arise from course of dealing or usage of trade.#