Section 2-1212 - 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. [1991, c. 805, §4(NEW).]
(2). Goods to be merchantable must at least: (a). Pass without objection in the trade under the description in the lease agreement; [1991, c. 805, §4(NEW).](b). In the case of fungible goods, be of fair average quality within the description; [1991, c. 805, §4(NEW).](c). Be fit for the ordinary purposes for which goods of that type are used; [1991, c. 805, §4(NEW).](d). Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved; [1991, c. 805, §4(NEW).](e). Be adequately contained, packaged and labeled as the lease agreement may require; and [1991, c. 805, §4(NEW).](f). Conform to any promises or affirmations of fact made on the container or label. [1991, c. 805, §4(NEW).] [1991, c. 805, §4(NEW).]
(3). Other implied warranties may arise from course of dealing or usage of trade. [1991, c. 805, §4(NEW).]
1991, c. 805, § 4 (NEW) .