Legal Research Home > New Jersey Lawyer > Commercial Transactions > New Jersey Commercial Transactions Laws Section 12A:2-314. Implied warranty: merchantability; usage of trade.

    (1) Unless excluded or modified (12A: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 (12A:2-316) other implied warranties may arise from course of dealing or usage of trade.

     L.1961, c. 120, s. 2-314.

Last modified: October 21, 2006