§12A-2A-212.

§12A-2A-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.