400.2A-212. Implied warranty of merchantability. - Missouri Statutes

Implied warranty of merchantability.

400.2A-212. (1) Except in a finance lease, a warranty thatthe goods will be merchantable is implied in a lease contract ifthe 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 thedescription in the lease agreement;

(b) in the case of fungible goods, are of fair averagequality within the description;

(c) are fit for the ordinary purposes for which goods ofthat type are used;

(d) run, within the variation permitted by the leaseagreement, of even kind, quality, and quantity within each unitand among all units involved;

(e) are adequately contained, packaged, and labeled as thelease agreement may require; and

(f) conform to any promises or affirmations of fact made onthe container or label.

(3) Other implied warranties may arise from course ofdealing or usage of trade.

(L. 1992 S.B. 448)