2010 Georgia Code 11-2a-212 Case Law
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One Click Case Law for § 11-2a-212
O.C.G.A. § 11-2a-211 <-- --> O.C.G.A. §11-2a-213



2010 Georgia Code

TITLE 11 - COMMERCIAL CODE
ARTICLE 2A - LEASES
PART 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT
§ 11-2A-212 - Implied warranty of merchantability

O.C.G.A. 11-2A-212 (2010)
11-2A-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.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com