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Indiana Code 26-1-2.1-212. Implied warranty of merchantability

Sec. 212. (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 the 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 permitted 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 made on the container or label.
    (3) Other implied warranties may arise from course of dealing or usage of trade.
As added by P.L.189-1991, SEC.3.
Comments (3)add comment
Chris Jones: ...
Does this apply to electronics, e.g. an apple charger that is 1 month out of its 12 month warranty? A charger should last, be fit for purpose, for longer so could be deemed not of merchantable quality?

1

January 15, 2013
Steven Daily: ...
Chris,

This section applies to electronics, but sellers can exclude the implied warranty of merchantability, and usually do, in big bold capital letters. In it's place, they commonly use an express warranty, such as the 12 month warranty you refer to. You can read more here:

http://www.lawserver.com/law/state/indiana/in-code/indiana_code_26-1-2-1-214

Steve Daily
LawServer.com
2

January 15, 2013
mickey: ...
I bought a used car from a dealer on march 22. within 24 hrs the check engine lite came on. seller had me take car to their mechanic who cleaned the filter and said it was fixed. within a week, brake failure lite came on and car stalled out on me. had car in shop for 2 weeks with electrical issues which the seller paid the $800 to repair. had car back for 3 days and had transmission issues that would cost 1500.00. seller refused t pay this so their mechanic brought back here and fixed. they had car for over 2 months. now, had car back 3 days and check engine lite on and chugging. I have had this car for 3 months and literally been in my possession maybe a week total due to all the problems. do I have any rights as to making them honor their agreement to sell me a reliable vehicle?
3

June 18, 2013

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