Section 2-A-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.