HRS §490:2A-212
Implied warranty of merchantability
This section says that when a merchant leases goods, the law automatically promises the goods are fit for normal use, unless it's a finance lease. The goods must meet basic quality standards, like passing in the trade and being properly packaged. Other promises can come from past dealings or trade customs.
businesses
The statute, as written — Implied warranty of merchantability
(a) 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. (b) Goods to be merchantable must be at least such as: (1) Pass without objection in the trade under the description in the lease agreement; (2) In the case of fungible goods, are of fair average quality within the description; (3) Are fit for the ordinary purposes for which goods of that type are used; (4) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved; (5) Are adequately contained, packaged, and labeled as the lease agreement may require; and (6) 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.
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