62A.2A-212 - Implied warranty of merchantability. - Washington Statutes

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.

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

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

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

     (c) Are fit for the ordinary purposes for which goods of that type are used;

     (d) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;

     (e) Are adequately contained, packaged, and labeled as the lease agreement may require; and

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

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

[1993 c 230 § 2A-212.]

Notes: Effective date -- 1993 c 230: See RCW 62A.11-110.