8.2-314 - Implied warranty: Merchantability; usage of trade.
§ 8.2-314. Implied warranty: Merchantability; usage of trade.
(1) Unless excluded or modified (§ 8.2-316), a warranty that the goods shallbe merchantable is implied in a contract for their sale if the seller is amerchant with respect to goods of that kind. Under this section the servingfor value of food or drink to be consumed either on the premises or elsewhereis 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 thedescription; 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 mayrequire; and
(f) conform to the promises or affirmations of fact made on the container orlabel if any.
(3) Unless excluded or modified (§ 8.2-316) other implied warranties mayarise from course of dealing or usage of trade.
(1964, c. 219.)