Illinois Compiled Statutes 810 ILCS 5 Uniform Commercial Code. Section 2-314

    (810 ILCS 5/2-314) (from Ch. 26, par. 2-314)

    Sec. 2-314. Implied warranty: merchantability; usage of trade.

    (1) 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.

    (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 2-316) other implied warranties may arise from course of dealing or usage of trade.

(Source: Laws 1961, p. 2101.)

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Last modified: February 18, 2015