62A.2-314 - Implied warranty: Merchantability; usage of trade. - Washington Statutes

Implied warranty: Merchantability; usage of trade.

(1) Unless excluded or modified (RCW 62A.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 (RCW 62A.2-316) other implied warranties may arise from course of dealing or usage of trade.

[1965 ex.s. c 157 § 2-314. Cf. former RCW 63.04.160(2); 1925 ex.s. c 142 § 15; RRS § 5836-15.]