Utah Code 70A-2a-212. Implied warranty of merchantability
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(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.
Terms Used In Utah Code 70A-2a-212
- Contract: A legal written agreement that becomes binding when signed.
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures. See Utah Code 70A-2a-103
- 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
- Lease: means a transfer of the right to possession and use of goods for a term, in return for consideration. See Utah Code 70A-2a-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Utah Code 70A-2a-103
(2) To be merchantable, goods must be at least such as:
(2)(a) pass without objection in the trade under the description in the lease agreement;
(2)(b) in the case of fungible goods, are of fair average quality within the description;
(2)(c) are fit for the ordinary purposes for which goods of that type are used;
(2)(d) run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;
(2)(e) are adequately contained, packaged, and labeled as the lease agreement may require; and
(2)(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.