§ 25-2-314. Implied warranty: Merchantability; usage of trade.
§25‑2‑314. Implied warranty: Merchantability; usage of trade.
(1) Unless excluded ormodified (G.S. 25‑2‑316), a warranty that the goods shall bemerchantable is implied in a contract for their sale if the seller is amerchant with respect to goods of that kind. Under this section the serving forvalue of food or drink to be consumed either on the premises or elsewhere is asale.
(2) Goods to bemerchantable must be at least such as
(a) pass withoutobjection in the trade under the contract description; and
(b) in the case offungible goods, are of fair average quality within the description; and
(c) are fit for theordinary purposes for which such goods are used; and
(d) run, within thevariations permitted by the agreement, of even kind, quality and quantitywithin each unit and among all units involved; and
(e) are adequatelycontained, packaged, and labeled as the agreement may require; and
(f) conform to thepromises or affirmations of fact made on the container or label if any.
(3) Unless excluded ormodified (G.S. 25‑2‑316) other implied warranties may arise fromcourse of dealing or usage of trade. (1965, c. 700, s. 1.)