(810 ILCS 5/2A-212)
(from Ch. 26, par. 2A-212)
Implied warranty of merchantability.
(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
(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.
(Source: P.A. 87-493.)