§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.
[PL 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; [PL 1991, c. 805, §4 (NEW).]
(b). In the case of fungible goods, be of fair average quality within the description; [PL 1991, c. 805, §4 (NEW).]
(c). Be fit for the ordinary purposes for which goods of that type are used; [PL 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; [PL 1991, c. 805, §4 (NEW).]
(e). Be adequately contained, packaged and labeled as the lease agreement may require; and [PL 1991, c. 805, §4 (NEW).]
(f). Conform to any promises or affirmations of fact made on the container or label. [PL 1991, c. 805, §4 (NEW).]
[PL 1991, c. 805, §4 (NEW).]
(3). Other implied warranties may arise from course of dealing or usage of trade.
[PL 1991, c. 805, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 805, §4 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Part 2: FORMATION AND CONSTRUCTION OF LEASE CONTRACT
11 §2-1202. Final written expression; parol or extrinsic evidence
11 §2-1204. Formation in general
11 §2-1206. Offer and acceptance in formation of lease contract
11 §2-1207. Course of performance or practical construction (REPEALED)
11 §2-1208. Modification, rescission and waiver
11 §2-1209. Lessee under finance lease as beneficiary of supply contract
11 §2-1210. Express warranties
11 §2-1212. Implied warranty of merchantability
11 §2-1213. Implied warranty of fitness for particular purpose
11 §2-1214. Exclusion or modification of warranties
11 §2-1215. Cumulation and conflict of warranties express or implied
11 §2-1216. Third-party beneficiaries of express and implied warranties
11 §2-1218. Insurance and proceeds