1. The Laws of New York
  2. Consolidated Laws
  3. Uniform Commercial Code
  4. Article 2: Sales
  5. Part 3: General Obligation and Construction of Contract

Section 2-314 Implied Warranty: Merchantability; Usage of Trade

Uniform Commercial Code (UCC)

Section 2--314. Implied Warranty: Merchantability; Usage of Trade.

  (1) Unless excluded or modified (Section 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 2--316) other implied warranties may arise from course of dealing or usage of trade.