§2A-212. Implied warranty of merchantability

Link to law: http://legislature.vermont.gov/statutes/section/09A/002A/00212
Published: 2015

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The Vermont Statutes Online



Uniform Commercial Code






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;


(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. (Added

1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)