§ 30-2-314 — Implied Warranty -- Merchantability -- Usage Of Trade

Montana § 30-2-314

• Jurisdiction: Montana
• Title 30: TRADE AND COMMERCE
• Ch. 2: UNIFORM COMMERCIAL CODE SALES
• Part 3: General Obligation and Construction of Contract

Text

30-2-314 . Implied warranty -- merchantability -- usage of trade. (1) Unless excluded or modified ( 30-2-316 ), 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 ( 30-2-316 ) other implied warranties may arise from course of dealing or usage of trade.

Legislative History

En. Sec. 2-314, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-314.