Statute · California Commercial Code

Cal. Com. Code § 10212 — Formation and Construction of Lease Contract

Cal. Com. Code § 10212

Type: Statute
Source: California Commercial Code
Jurisdiction: California
Date: 1991-07-15
Current through: Nov 2, 2026 (California Legislative Counsel)

(a) 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.

Citator

Cal. Com. Code § 10212 — Formation and Construction of Lease Contract is in force in the current edition of the Code, and nothing recorded condemns it.

(a) 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) 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.