§ 6A-2-314 Implied warranty –Merchantability – Usage of trade. – (1) Unless excluded or modified (§ 6A-2-316), a warranty that the goodsshall be merchantable is implied in a contract for their sale if the seller isa merchant with respect to goods of that kind. Under this section the servingfor value of food or drink to be consumed either on the premises or elsewhereis a sale.
(2) Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the contractdescription; and
(b) In the case of fungible goods, are of fair averagequality within the description; and
(c) Are fit for the ordinary purposes for which such goodsare used; and
(d) Run, within the variations permitted by the agreement, ofeven kind, quality, and quantity within each unit and among all units involved;and
(e) Are adequately contained, packaged, and labeled as theagreement may require; and
(f) Conform to the promises or affirmations of fact made onthe container or label if any.
(3) Unless excluded or modified (§ 6A-2-316), otherimplied warranties may arise from course of dealing or usage of trade.
§ 6A-2-314 Implied warranty –Merchantability – Usage of trade. – (1) Unless excluded or modified (§ 6A-2-316), a warranty that the goodsshall be merchantable is implied in a contract for their sale if the seller isa merchant with respect to goods of that kind. Under this section the servingfor value of food or drink to be consumed either on the premises or elsewhereis a sale.
(2) Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the contractdescription; and
(b) In the case of fungible goods, are of fair averagequality within the description; and
(c) Are fit for the ordinary purposes for which such goodsare used; and
(d) Run, within the variations permitted by the agreement, ofeven kind, quality, and quantity within each unit and among all units involved;and
(e) Are adequately contained, packaged, and labeled as theagreement may require; and
(f) Conform to the promises or affirmations of fact made onthe container or label if any.
(3) Unless excluded or modified (§ 6A-2-316), otherimplied warranties may arise from course of dealing or usage of trade.
§ 6A-2-314 Implied warranty –Merchantability – Usage of trade. – (1) Unless excluded or modified (§ 6A-2-316), a warranty that the goodsshall be merchantable is implied in a contract for their sale if the seller isa merchant with respect to goods of that kind. Under this section the servingfor value of food or drink to be consumed either on the premises or elsewhereis a sale.
(2) Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the contractdescription; and
(b) In the case of fungible goods, are of fair averagequality within the description; and
(c) Are fit for the ordinary purposes for which such goodsare used; and
(d) Run, within the variations permitted by the agreement, ofeven kind, quality, and quantity within each unit and among all units involved;and
(e) Are adequately contained, packaged, and labeled as theagreement may require; and
(f) Conform to the promises or affirmations of fact made onthe container or label if any.
(3) Unless excluded or modified (§ 6A-2-316), otherimplied warranties may arise from course of dealing or usage of trade.
