47-2A212. Implied warranty of
merchantability


A. 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.


B. Goods to be merchantable must be at least such as:


1. Pass without objection in the trade under the description in the lease
agreement;


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


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


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


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


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


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