2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 2A2 - Formation and Construction of Lease Contract
Section 2A212 - Implied warranty of merchantability

     § 2A212.  Implied warranty of merchantability.
        (a)  General rule.--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)  Merchantability standards for goods.--Goods to be
     merchantable must be at least such as:
            (1)  pass without objection in the trade under the
        description in the lease agreement;
            (2)  in the case of fungible goods, are of fair average
        quality within the description;
            (3)  are 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)  are adequately contained, packaged and labeled as
        the lease agreement may require; and
            (6)  conform to any promises or affirmations of fact made
        on the container or label.
        (c)  Course of dealing or usage of trade.--Other implied
     warranties may arise from course of dealing or usage of trade.