(1) Unless excluded or modified (§ 4-2-316), 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 (§ 4-2-316), other implied warranties may arise from course of dealing or usage of trade.
Section: Previous 4-2-307 4-2-308 4-2-309 4-2-310 4-2-311 4-2-312 4-2-313 4-2-314 4-2-315 4-2-316 4-2-317 4-2-318 4-2-319 4-2-320 4-2-321 NextLast modified: November 15, 2016