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HAWAII STATUTES AND CODES

§490:2A-212 - Implied warranty of merchantability.

     §490:2A-212  Implied warranty of merchantability.  (a)  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.

     (b)  Goods to be merchantable must be at least such as:

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

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

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

     (6)  Conform to any promises or affirmations of fact made on the container or label.

     (c)  Other implied warranties may arise from course of dealing or usage of trade. [L 1991, c 40, pt of §1]

 

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