West Virginia Code § 46-2A-212

Implied warranty of merchantability
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(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 agreemetnt, 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 argise from course of dealing or usage of trade.

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