34.1-2.A-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) Goods to be merchantable must be at least such as:
(i) Pass without objection in the trade under the description in the lease agreement;
(ii) In the case of fungible goods, are of fair average quality within the description;
(iii) Are fit for the ordinary purposes for which goods of that type are used;
(iv) Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;
(v) Are adequately contained, packaged and labeled as the lease agreement may require; and
(vi) 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.