47-2314 - Arizona Statutes

47-2314. Implied warranty: merchantability; usage of trade A. Unless excluded or modified (section 47-2316), 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 service for value of food or drink to be consumed either on the premises or elsewhere is a sale. B. Goods to be merchantable must be at least such as: 1. Pass without objection in the trade under the contract description; and 2. In the case of fungible goods, are of fair average quality within the description; and 3. Are fit for the ordinary purposes for which such goods are used; and 4. Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and 5. Are adequately contained, packaged, and labeled as the agreement may require; and 6. Conform to the promises or affirmations of fact made on the container or label if any. C. Unless excluded or modified (section 47-2316), other implied warranties may arise from course of dealing or usage of trade.