Statute · New York Uniform Commercial Code

N.Y. U.C.C. Law § 2-A-212 — Implied Warranty of Merchantability

N.Y. U.C.C. Law § 2-A-212

Type
Statute
Source
New York Uniform Commercial Code
Jurisdiction
New York
Current through
Nov 4, 2026 (NY Senate Open Legislation)

Section 2-A-212. Implied Warranty of Merchantability.

Citator

N.Y. U.C.C. Law § 2-A-212 — Implied Warranty of Merchantability is in force in the current edition of the Code, and nothing recorded condemns it.

Section 2-A-212. 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.

(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.