South Dakota § 57A-2-314 Implied warranty--Merchantability--Usage of trade.

South Dakota Statutes

§ 57A-2-314 — Implied warranty--Merchantability--Usage of trade.

South Dakota·Title 57A UNIFORM COMMERCIAL CODE·Ch. 57A SALES

(1)Unless excluded or modified (§ 57A-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 c

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(1) Unless excluded or modified (§ 57A-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 (§ 57A-2-316 ) other implied warranties may arise from course of dealing or usage of trade.

South Dakota § 57A-2-314 (Implied warranty--Merchantability--Usage of trade.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.