ORS 72A.2120
Implied warranty of merchantability


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.


Goods to be merchantable must at least:


Pass without objection in the trade under the description in the lease agreement;


In the case of fungible goods, be of fair average quality within the description;


Be fit for the ordinary purposes for which goods of that type are used;


Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;


Be adequately contained, packaged and labeled as the lease agreement may require; and


Conform to any promises or affirmations of fact made on the container or label.


Other implied warranties may arise from course of dealing or usage of trade. [1989 c.676 §21]


Last accessed
Jun. 26, 2021