411.212 Implied warranty of merchantability. - Wisconsin Statutes

411.212

411.212 Implied warranty of merchantability.

411.212(1)

(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.

411.212(2)

(2) To be merchantable, goods shall meet all of the following minimum standards:

411.212(2)(a)

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

411.212(2)(b)

(b) If fungible goods, be of fair average quality within the description.

411.212(2)(c)

(c) Be fit for the ordinary purposes for which goods of that type are used.

411.212(2)(d)

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

411.212(2)(e)

(e) Be adequately contained, packaged and labeled as the lease agreement requires.

411.212(2)(f)

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

411.212(3)

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

411.212 - ANNOT.

History: 1991 a. 148.