(810 ILCS 5/2A-212) (from Ch. 26, par. 2A-212)
Sec. 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;
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(b) in the case of fungible goods, are of fair
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| average quality within the description;
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(c) are fit for the ordinary purposes for which goods
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(d) run, within the variation permitted by the lease
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| agreement, of even kind, quality, and quantity within each unit and among all units involved;
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(e) are adequately contained, packaged, and labeled
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| as the lease agreement may require; and
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(f) conform to any promises or affirmations of fact
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| made on the container or label.
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(3) Other implied warranties may arise from course of
dealing or usage of trade.
(Source: P.A. 87-493.)
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