2006 Ohio Revised Code - 1310.19. (UCC 2A-212) Implied warranty of merchantability.

§ 1310.19. (UCC 2A-212) Implied warranty of merchantability.
 

(A)  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. 

(B)  To be merchantable, goods shall at least satisfy the following: 

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

(2) In the case of fungible goods, be of fair average quality within the description; 

(3) Be fit for the ordinary purposes for which goods of that type are used; 

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

(5) Be adequately contained, packaged, and labeled as the lease agreement may require; 

(6) 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. 
 

HISTORY: 144 v H 693. Eff 11-6-92.

 

Official Comment

Revised to reflect leasing practices and terminology. E.g., Glenn Dick Equip. Co. v. Galey Constr., Inc., 97 Idaho 216, 225, 541 P.2d 1184, 1193 (1975) (implied warranty of merchantability (Article 2) extends to lease transactions).