70A-2-314 - Implied warranty -- Merchantability -- Usage of trade.
               	 		 70A-2-314.    Implied warranty -- Merchantability -- Usage of trade.
      (1)  Unless excluded or modified (Section 70A-2-316), a warranty that the goods shall bemerchantable is implied in a contract for their sale if the seller is a merchant with respect to goodsof that kind. Under this section the serving for value of food or drink to be consumed either on thepremises 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 andquantity 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 70A-2-316) other implied warranties may arisefrom course of dealing or usage of trade.
Enacted by Chapter 154, 1965 General Session