75-2-314 - Implied warranty; merchantability; usage of trade; sale of specified animals; computer hardware and software. - Mississippi Statutes

§ 75-2-314. Implied warranty; merchantability; usage of trade; sale of specified animals; computer hardware and software.
 

(1)  Except as provided in subsection (5), 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)  Other implied warranties may arise from course of dealing or usage of trade. 

(4)  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 sale 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. 

(5)  Nothing in this section shall prohibit the express disclaimer or express modification of any implied warranties of merchantability 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:2-314; Laws,  1966, ch. 316, § 2-314; Laws, 1976, ch. 385, § 1; Laws, 1981, ch. 430, § 1; Laws,  1998, ch. 513, § 1, eff from and after July 1, 1998.