ORS 72A.2120 Implied warranty of merchantability

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.

Goods to be merchantable must at least:

Pass without objection in the trade under the description in the lease agreement;

In the case of fungible goods, be of fair average quality within the description;

Be fit for the ordinary purposes for which goods of that type are used;

Run, within the variation permitted by the lease agreement, of even kind, quality and quantity within each unit and among all units involved;

Be adequately contained, packaged and labeled as the lease agreement may require; and

Conform to any promises or affirmations of fact made on the container or label.

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