§490:2A-212 - Implied warranty of merchantability.

§490:2A-212 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.