11-2A-212 (2019)
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.
History
Code 1981, § 11-2A-212, enacted by Ga. L. 1993, p. 633, § 1.
Annotations
JUDICIAL DECISIONS Evidence of defect at time of lease. - A claim for breach of an implied warranty of merchantability concerning an air mattress and pump was untenable since the plaintiff failed to provide any evidence that the mattress was not working when received by plaintiff. Griffith v. Medical Rental Supply of Albany, Inc., 244 Ga. App. 120, 534 S.E.2d 859, 2000 Ga. App. LEXIS 640 (2000). Disclaimer inadequate. - A reason-
able person would not necessarily have noticed and understood that by the mere mention of “as is” in the context in which it appeared in a lease agreement, without any mention of any warranties or any disclaimers of warranties, he or she was agreeing to forego any rights to lease a piece of equipment in fit and suitable working condition. Bailey v. Tucker Equip. Sales, Inc., 236 Ga. App. 289, 510 S.E.2d 904, 1999 Ga. App. LEXIS 40 (1999).
RESEARCH REFERENCES U.L.A. Uniform Commercial Code (U.L.A.) § 2A-212.