Nevada § 104.2314 Implied warranty: Merchantability; usage of trade

Nevada Statutes

§ 104.2314 — Implied warranty: Merchantability; usage of trade

Nevada·Title 8 COMMERCIAL INSTRUMENTS AND TRANSACTIONS·Ch. 104 Uniform· General Obligation and Construction of Contract

1. Unless excluded or modified ( NRS 104.2316 ), 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 a

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1. Unless excluded or modified ( NRS 104.2316 ), 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 ( NRS 104.2316 ) other implied warranties may arise from course of dealing or usage of trade.

Nevada § 104.2314 (Implied warranty: Merchantability; usage of trade) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.