N.D. Cent. Code § 41-02.1-21: (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:

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.