§ 336.2-314 — Implied Warranty; Merchantability; Usage of Trade
Plain-Language Summary
When a merchant sells goods, there is an automatic implied warranty that the goods are merchantable -- meaning they work for their ordinary purpose, are of fair quality, and match their label or description.
336.2-314 IMPLIED WARRANTY; MERCHANTABILITY; USAGE OF TRADE.
(1) Unless excluded or modified (section 336.2-316), 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 336.2-316) other implied warranties may arise from course of dealing or usage of trade.
History:
1965 c 811 s 336.2-314
History: History: 1965 c 811 s 336.2-314