47-2-314 - Implied warranty Merchantability Usage of trade. - Tennessee Statutes

47-2-314. Implied warranty Merchantability Usage of trade.

(1)  Unless excluded or modified (§ 47-2-316), 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 (§ 47-2-316) other implied warranties may arise from course of dealing or usage of trade.

[Acts 1963, ch. 81, § 1 (2-314).]