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2018 Statute



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84-2-314.Implied warranty: Merchantability; usage of trade. (1) Unless excluded or modified (section 84-2-316), 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 84-2-316) other implied warranties may arise from course of dealing or usage of trade.

History: L. 1965, ch. 564, § 48; Jan. 1, 1966.



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2019. Powered by KLISS. Rendered: 2019-09-22T15:15:35. Head Rev No: 256273(E)