KRS 355.2A-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 th e 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 permitte d 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 mad e on the container or

label.

(3) Other implied warranties may arise from course of dealing or usage of trade.