75-2-315 - Implied warranty; fitness for particular purpose.
§ 75-2-315. Implied warranty; fitness for particular purpose.
Except as otherwise provided in this section, where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is an implied warranty that the goods shall be fit for such purpose. Provided, however, with respect to the sale of cattle, hogs and sheep, there shall be no implied warranty that the cattle, hogs and sheep are free from sickness or disease at the time the same is consummated, conditioned upon reasonable showing by the seller or his agent that all state and federal regulations pertaining to animal health were complied with.
Nothing in this section shall prohibit the express disclaimer or express modification of any implied warranties of fitness for a particular purpose or any express limitation of remedies for breach of such warranties concerning computer hardware, computer software, and services performed on computer hardware and computer software, which are sold between merchants.
Sources: Codes, 1942, § 41A:2-315; Laws, 1966, ch. 316, § 2-315; Laws, 1976, ch. 385, § 2; Laws, 1981, ch. 430, § 2; Laws, 1998, ch. 513, § 2, eff from and after July 1, 1998.