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.