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§ 2A-212. Implied warranty of merchantability

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 2a. Leases (Refs & Annos)
Subtitle 2. Formation and Construction of Lease Contract (Refs & Annos)
MD Code, Commercial Law, § 2A-212
§ 2A-212. Implied warranty of merchantability
Currentness
(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 purpose 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.

Credits

Added by Acts 1994, c. 535, § 1, eff. Jan. 1, 1995.
MD Code, Commercial Law, § 2A-212, MD COML § 2A-212
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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