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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 9A : Uniform Commercial Code

Article 002A : Leases

(Cite as: 9A V.S.A. § 2A-212)
  • § 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. (Added 1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)