Texas Business & Commerce Code

§ 2A.212 — IMPLIED WARRANTY OF MERCHANTABILITY

BC § 2A.212Title 1. UNIFORM COMMERCIAL CODE · Ch. 2A. LEASES · Art. B. FORMATION AND CONSTRUCTION OF LEASE CONTRACT

Statute text

(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;

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Legislative history

Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.