(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.
(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.
Note: WV Code updated with legislation passed through the 2012 1st Special Session