Okla. Stat. tit. 12A § 2A-212

Current through Laws 2024, c. 453.

Section 2A-212 - 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.

(2) Goods to be merchantable must be at least such as:

(a) pass without objection in the trade under the description in the lease agreement;

(b) in the case of fungible goods, are of fair average quality within the description;

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

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

(e) are adequately contained, packaged, and labeled as the lease agreement may require; and

(f) conform to any promises or affirmations of fact made on the container or label.

(3) Other implied warranties may arise from course of dealing or usage of trade.

Okla. Stat. tit. 12A, § 2A-212

Added by Laws 1988, HB 1683, c. 86, § 21, eff. 11/1/1988.

Oklahoma Code Comment

Prior cases discussing Oklahoma law as to implied warranties of quality in leases left much to be desired For example, even though 15 Oklahoma Statutes §§ 538(1) and 542 (repealed) and § 463 First (not repealed but displaced for leases to the extent inconsistent) appear to embody the same concept as is represented by an implied warranty of merchantability, the court in Dyco Petroleum Corporation v. Rucker Company, 443 F.Supp. 686 (E.D.Okla.1977), considered the issue of whether 12A Oklahoma Statutes § 2-314 (on the required merchantability of a product in a sale) applied to a lease or rental transaction. Also the court in Patty Precision v. Brown & Sharpe Manufacturing Co., 742 F.2d 1260 (10th Cir.1984), which may have involved a lease, discussed a privity problem in terms of sales case precedent and the claim for breach of implied and express warranties as if it did not matter whether the plaintiff had "purchased or leased three such machines." This provision of Article 2A will clarify and settle these basic points although the law as to the merchantability of leased goods will not change.

The 1991 amendments make no change here.