Ohio Code 1310.19 – Implied warranty of merchantability – UCC 2A-212
(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.
Terms Used In Ohio Code 1310.19
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(B) To be merchantable, goods shall at least satisfy the following:
(1) Pass without objection in the trade under the description in the lease agreement;
(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 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) Be adequately contained, packaged, and labeled as the lease agreement may require;
(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.