Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 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.1992, July 9, P.L. 507, No. 97, § 3, effective in one year.