Maine Revised Statutes
Part 2: FORMATION AND CONSTRUCTION OF LEASE CONTRACT
11 §2-1212. Implied warranty of merchantability

§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).