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Implied warranty: merchantability; usage of trade - 13 Pa. Cons. Stat. § 2314

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     § 2314.  Implied warranty: merchantability; usage of trade.
        (a)  Sale by merchant.--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.
        (b)  Merchantability standards for goods.--Goods to be
     merchantable must be at least such as:
            (1)  pass without objection in the trade under the
        contract description;
            (2)  in the case of fungible goods, are of fair average
        quality within the description;
            (3)  are fit for the ordinary purposes for which such
        goods are used;
            (4)  run, within the variations permitted by the
        agreement, of even kind, quality and quantity within each
        unit and among all units involved;
            (5)  are adequately contained, packaged, and labeled as
        the agreement may require; and
            (6)  conform to the promises or affirmations of fact made
        on the container or label if any.
        (c)  Course of dealing or usage of trade.--Unless excluded or
     modified (section 2316) other implied warranties may arise from
     course of dealing or usage of trade.

Last modified: November 27, 2007