(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.
1991, c. 536.
Structure Code of Virginia
Title 8.2A - Commercial Code - Leases
§ 8.2A-202. Final written expression: parol or extrinsic evidence
§ 8.2A-204. Formation in general
§ 8.2A-206. Offer and acceptance in formation of lease contract
§ 8.2A-208. Modification, rescission and waiver
§ 8.2A-209. Lessee under finance lease as beneficiary of supply contract
§ 8.2A-210. Express warranties
§ 8.2A-212. Implied warranty of merchantability
§ 8.2A-213. Implied warranty of fitness for particular purpose
§ 8.2A-214. Exclusion or modification of warranties
§ 8.2A-215. Cumulation and conflict of warranties express or implied
§ 8.2A-216. Third-party beneficiaries of express and implied warranties
§ 8.2A-218. Insurance and proceeds