Sec. 45.02.314. Implied warranty: Merchantability; usage of trade.

188 words·~1 min read·/ak/title-45/chapter-2/45-02-314·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Unless excluded or modified ( AS 45.02.316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(b)Goods to be merchantable must at least

(1)pass without objection in the trade under the contract description;

(2)in the case of fungible goods, be of fair average quality within the description;

(3)be fit for the ordinary purposes for which the goods are used;

(4)run, within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved;

(5)be adequately contained, packaged, and labeled as the agreement requires; and

(6)conform to the promises or affirmations of fact made on the container or label.

(c)Unless excluded or modified ( AS 45.02.316 ), other implied warranties may arise from course of dealing or usage of trade.