Section 28-12-212 - 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.[28-12-212, added 1993, ch. 287, sec. 1, p. 986.]