Maine Revised Statutes

§2-1212. Implied warranty of merchantability

(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.
[ 1991, c. 805, §4 (NEW) .]
(2).    Goods to be merchantable must at least:
(a). Pass without objection in the trade under the description in the lease agreement; [1991, c. 805, §4 (NEW).]
(b). In the case of fungible goods, be of fair average quality within the description; [1991, c. 805, §4 (NEW).]
(c). Be fit for the ordinary purposes for which goods of that type are used; [1991, c. 805, §4 (NEW).]
(d). Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved; [1991, c. 805, §4 (NEW).]
(e). Be adequately contained, packaged and labeled as the lease agreement may require; and [1991, c. 805, §4 (NEW).]
(f). Conform to any promises or affirmations of fact made on the container or label. [1991, c. 805, §4 (NEW).]
[ 1991, c. 805, §4 (NEW) .]
(3).    Other implied warranties may arise from course of dealing or usage of trade.
[ 1991, c. 805, §4 (NEW) .]
SECTION HISTORY
1991, c. 805, §4 (NEW).