§ 336.2A-212 — Implied Warranty of Merchantability
Plain-Language Summary
Unless modified or excluded, a lessor who is a merchant in goods of the kind makes an implied warranty that the goods are merchantable -- fit for their ordinary purpose, properly packaged and labeled, and of fair average quality.
336.2A-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 goods that:
(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.
History:
1989 c 232 art 1 s 2A-212
History: History: 1989 c 232 art 1 s 2A-212