§ 25-2A-212. Implied warranty of merchantability. - North Carolina Statutes

§25‑2A‑212.  Implied warranty of merchantability.

(1)        Except in a financelease, a warranty that the goods will be merchantable is implied in a leasecontract if the lessor is a merchant with respect to goods of that kind.

(2)        Goods to bemerchantable must be at least such as:

(a)        pass withoutobjection in the trade under the description in the lease agreement;

(b)        in the case offungible goods, are of fair average quality within the description;

(c)        are fit for theordinary purposes for which goods of that type are used;

(d)        run, within thevariation permitted by the lease agreement, of even kind, quality, and quantitywithin each unit and among all units involved;

(e)        are adequatelycontained, packaged, and labeled as the lease agreement may require; and

(f)         conform to anypromises or affirmations of fact made on the container or label.

(3)        Other impliedwarranties may arise from course of dealing or usage of trade. (1993,c. 463, s. 1.)