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§ 11-2-314 - Implied warranty: merchantability; usage of trade

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O.C.G.A.11-2-314 (2010) 11-2-314.Implied warranty: merchantability; usage of trade (1)Unlessexcluded or modified (Code Section 11-2-316), a warranty that the goodsshall be merchantable is implied in a contract for their sale if theseller is a merchant with respect to goods of that kind. Under this Codesection the serving for value of food or drink to be consumed either onthe 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)Unlessexcluded or modified (Code Section 11-2-316) other implied warrantiesmay arise from course of dealing or usage of trade.
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  • O.C.G.A. 11-2-314 (2010)
    11-2-314. Implied warranty: merchantability; usage of trade


    (1) Unless excluded or modified (Code Section 11-2-316), 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 Code 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 (Code Section 11-2-316) other implied warranties may arise from course of dealing or usage of trade.

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