70A-2-314 - Implied warranty -- Merchantability -- Usage of trade. - Utah Statutes

70A-2-314. Implied warranty -- Merchantability -- Usage of trade.

(1) Unless excluded or modified (Section 70A-2-316), a warranty that the goods shall bemerchantable is implied in a contract for their sale if the seller is a merchant with respect to goodsof that kind. Under this section the serving for value of food or drink to be consumed either on thepremises 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 andquantity 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 (Section 70A-2-316) other implied warranties may arisefrom course of dealing or usage of trade.

Enacted by Chapter 154, 1965 General Session