(1) 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.
   (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 2316) other implied
warranties may arise from course of dealing or usage of trade.

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Last modified: July 31, 2008