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 at least:
(a)
Pass without objection in the trade under the description in the lease agreement;
(b)
In the case of fungible goods, be of fair average quality within the description;
(c)
Be 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)
Be 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. [1989 c.676 §21]