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Texas Business & Commerce Code - Section 2.314. Implied Warranty: Merchantability; Usage Of Trade

Legal Research Home > Texas Laws > Business & Commerce Code > Texas Business & Commerce Code - Section 2.314. Implied Warranty: Merchantability; Usage Of Trade

§ 2.314. IMPLIED WARRANTY:  MERCHANTABILITY;  USAGE OF 
TRADE.  (a) Unless excluded or modified (Section 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.
	(b)  Goods to be merchantable must be at least such as                         
		(1)  pass without objection in the trade under the 
contract description;  and
		(2)  in the case of fungible goods, are of fair average 
quality within the description;  and
		(3)  are fit for the ordinary purposes for which such 
goods are used;  and  
		(4)  run, within the variations permitted by the 
agreement, of even kind, quality and quantity within each unit and 
among all units involved;  and
		(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)  Unless excluded or modified (Section 2.316) other 
implied warranties may arise from course of dealing or usage of 
trade.

Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.           

Last modified: August 11, 2007