336.2-314 IMPLIED WARRANTY; MERCHANTABILITY; USAGE OF TRADE.
(1) Unless excluded or modified (section
, 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
) other implied warranties may arise from
course of dealing or usage of trade.
History: 1965 c 811 s 336.2-314