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O.C.G.A. § 11-2A-212

Implied warranty of merchantability

Code 1981, § 11-2A-212, enacted by Ga

(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.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.