2005 West Virginia Code - §46B-2-4. — Implied warranty of merchantability.

§46B-2-4. Implied warranty of merchantability.

(a) A warranty that the consumer goods will be merchantable is implied in every contract for the rental of consumer goods if the dealer is a merchant with respect to consumer goods of that kind.
(b) Consumer goods to be merchantable must be at least such as:
(1) Pass without objection in the trade under the description in the rental agreement;
(2) Are fit for the ordinary purposes for which consumer goods of that type are used; and
(3) Conform to any promises or affirmations of fact made on the container or label.
(c) Other implied warranties may arise from course of dealing or usage of trade.