West Virginia Code 46B-2-4 – Implied warranty of merchantability
Current as of: 2023 | Check for updates
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(a) A warranty that the consumer goods will be merchantable is implied in every contract for the rental of consumer goods if the dealer is a merchant with respect to consumer goods of that kind.
Terms Used In West Virginia Code 46B-2-4
- Consumer: means a natural person who acquires, or seeks to acquire, the right to possession and use of consumer goods from a dealer. See West Virginia Code 46B-1-5
- Contract: A legal written agreement that becomes binding when signed.
- goods: means goods intended to be used primarily for personal, family or household purposes. See West Virginia Code 46B-1-5
- Rental agreement: means the bargain, with respect to the rental of consumer goods under a rent-to-own agreement, of the dealer and the consumer as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter. See West Virginia Code 46B-1-5
(b) Consumer goods to be merchantable must be at least such as:
(1) Pass without objection in the trade under the description in the rental agreement;
(2) Are fit for the ordinary purposes for which consumer goods of that type are used; and
(3) Conform to any promises or affirmations of fact made on the container or label.
(c) Other implied warranties may arise from course of dealing or usage of trade.