Colorado § 4-2-314 Implied warranty - merchantability - usage of trade

Colorado Statutes

§ 4-2-314 — Implied warranty - merchantability - usage of trade

Colorado·Title 04 Uniform·Art. Sales

(1)Unless excluded or modified (section 4-2-316), 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 cont

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(1) Unless
excluded or modified (section 4-2-316), 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 (section 4-2-316), other implied warranties
may arise from course of dealing or usage of trade.

Colorado § 4-2-314 (Implied warranty - merchantability - usage of trade) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.