NRS 104.2314 Implied warranty: Merchantability; usage of trade.

198 words·~1 min read·/nv/chapter-104-uniform-commercial-code-original-articles/104-2314

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

1. Unless excluded or modified ( NRS 104.2316 ), 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 be at least 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 ( NRS 104.2316 ) other implied warranties may arise from course of dealing or usage of trade.