(a) Except in a finance lease and subject to sections 42a-2A-506 and 42a-2A-507, a warranty that the goods are merchantable is implied in a contract for their lease if the lessor is a merchant with respect to goods of that kind.
(b) Goods, to be merchantable, must:
(1) Pass without objection in the trade under the contract description;
(2) In the case of fungible goods, be of fair, average quality within the description;
(3) Be fit for the ordinary purposes for which goods of that description 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) Be adequately contained, packaged and labeled as the lease agreement or circumstances may require; and
(6) Conform to any representations made on the container or label.
(c) Subject to section 42a-2A-506, other implied warranties may arise from course of dealing or usage of trade.
(P.A. 02-131, S. 42.)
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