Nebraska Uniform Commercial Code 2A-212

UCC 2A-212

2A-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.

Source

  • Laws 1991, LB 159, § 23.

Annotations

  • COMMENT

  • Uniform Statutory Source: Section 2-314.

  • Changes: Revised to reflect leasing practices and terminology. E.g., Glenn Dick Equip. Co. v. Galey Constr., Inc., 97 Idaho 216, 225, 541 P.2d 1184, 1193 (1975) (implied warranty of merchantability (article 2) extends to lease transactions).

  • Definitional Cross References:

  • "Conforming". Section 2A-103(1)(d).

  • "Course of dealing". Section 1-205.

  • "Finance lease". Section 2A-103(1)(g).

  • "Fungible". Section 1-201(17).

  • "Goods". Section 2A-103(1)(h).

  • "Lease agreement". Section 2A-103(1)(k).

  • "Lease contract". Section 2A-103(1)(l).

  • "Lessor". Section 2A-103(1)(p).

  • "Merchant". Section 2-104(1).

  • "Usage of trade". Section 1-205.