§12A-2-314. Implied Warranty: Merchantability; Usage of Trade.
194 words·~1 min read·
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(1)Unless excluded or modified (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 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 (Section 2-316) other implied warranties may arise from course of dealing or usage of trade. Added by Laws 1961, p. 82, § 2-314.