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The Vermont Statutes Online
Title
09A
:
Uniform Commercial Code
Chapter
002A
:
Leases
§
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;
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. (Added
1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)