Section 490:2A-212 - Implied warranty of merchantability(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.(c) Other implied warranties may arise from course of dealing or usage of trade.