§ 2314. Implied warranty: merchantability; usage of trade.

205 words·~1 min read·/pa/title-13/chapter-23/2314

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

(a)Sale by merchant.-- Unless excluded or modified (section 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.

(b)Merchantability standards for goods.-- Goods to be merchantable must be at least such as:

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

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

(3)are fit for the ordinary purposes for which such 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)are adequately contained, packaged, and labeled as the agreement may require; and

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

(c)Course of dealing or usage of trade.-- Unless excluded or modified (section 2316) other implied warranties may arise from course of dealing or usage of trade.

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