{"data":{"id":"us-wv/w.-va.-code-46-2a-212","jurisdiction":"us-wv","citation":"W. Va. Code § 46-2A-212","heading":"Implied warranty of merchantability.","body":"(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.\n(2) Goods to be merchantable must be at least such as:\n(a) Pass without objection in the trade under the description in the lease agreement;\n(b) In the case of fungible goods, are of fair average quality within the description;\n(c) Are fit for the ordinary purposes for which goods of that type are used;\n(d) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;\n(e) Are adequately contained, packaged and labeled as the lease agreement may require; and\n(f) Conform to any promises or affirmations of fact made on the container or label.\n(3) Other implied warranties may arise from course of dealing or usage of trade.","path":["CHAPTER 46. UNIFORM COMMERCIAL CODE.","ARTICLE 2A. LEASES."],"source_url":"https://code.wvlegislature.gov/46-2A-212/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:46Z","sha256":"dfdea2ed106e4e6f955e7e23714fc94b8d124f33698a8bf83d2b9f73fcc5c666","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-46-2a-211","next":"us-wv/w.-va.-code-46-2a-213"},"notice":"GroundRules: Original legal text. Not legal advice."}