New York Uniform Commercial Code Code § 2-A-212

Implied Warranty of Merchantability
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Section 2-A-212. Implied Warranty of Merchantability.\n  (1) Except in a finance lease, a warranty that the goods will be\nmerchantable is implied in a lease contract if the lessor is a merchant\nwith respect to goods of that kind.\n  (2) Goods to be merchantable must be at least such as:\n       (a) pass without objection in the trade under the description in\n           the lease agreement;\n       (b) in the case of fungible goods, are of fair average quality\n           within the description;\n       (c) are fit for the ordinary purposes for which goods of that\n           type are used;\n       (d) run, within the variation permitted by the lease agreement,\n           of even kind, quality, and quantity within each unit and\n           among all units involved;\n       (e) are adequately contained, packaged, and labeled as the lease\n           agreement may require; and\n       (f) conform to any promises or affirmations of fact made on the\n           container or label.\n  (3) Other implied warranties may arise from course of dealing or usage\nof trade.\n

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