TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 2

UNIFORM COMMERCIAL CODE — SALES

PART 3.

GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

28-2-314.  Implied warranty — Merchantability — Usage of trade. (1) Unless excluded or modified (section 28-2-316), 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 28-2-316) other implied warranties may arise from course of dealing or usage of trade.

History:

[28-2-314, added 1967, ch. 161, sec. 2-314, p. 351.]