§2-314. Implied warranty: merchantability; usage of trade
190 words·~1 min read·
/me/title-11-uniform-commercial-code/2-314·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1). Unless excluded or modified by section 2‑316 , 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.
(2). Goods to be merchantable must at least be such as
(a). Pass without objection in the trade under the contract description; and
(b). In the case of fungible goods, are of fair average quality within the description; and
(c). Are fit for the ordinary purposes for which such goods are used; and
(d). Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e). Are adequately contained, packaged and labeled as the agreement may require; and
(f). Conform to the promises or affirmations of fact made on the container or label if any.
(3). Unless excluded or modified by section 2‑316 , other implied warranties may arise from course of dealing or usage of trade.