Contracts I UCC § 2-314
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Unless excluded or modified ( [
UCC § 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.
Goods to be merchantable must be at least such as
pass without objection in the trade under the
contract description; and in the case of fungible
goods, are of fair average quality within the description; and are fit for the ordinary purposes for which such
goods are used; and run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
are adequately contained, packaged, and labeled as the agreement may require; and
conform to the
promise or affirmations of fact made on the container or label if any. Unless excluded or modified ( [
UCC § 2-316]) other implied warranties may arise from course of dealing or usage of trade.
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