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CONNECTICUT STATUTES AND CODES

Sec. 42a-2A-504. Implied warranty of merchantability.

      Sec. 42a-2A-504. Implied warranty of merchantability. (a) Except in a finance lease and subject to sections 42a-2A-506 and 42a-2A-507, a warranty that the goods are merchantable is implied in a contract for their lease if the lessor is a merchant with respect to goods of that kind.

      (b) Goods, to be merchantable, must:

      (1) Pass without objection in the trade under the contract description;

      (2) In the case of fungible goods, be of fair, average quality within the description;

      (3) Be fit for the ordinary purposes for which goods of that description 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) Be adequately contained, packaged and labeled as the lease agreement or circumstances may require; and

      (6) Conform to any representations made on the container or label.

      (c) Subject to section 42a-2A-506, other implied warranties may arise from course of dealing or usage of trade.

      (P.A. 02-131, S. 42.)

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