§ 402.314 — Implied warranty: merchantability; usage of trade.

Wisconsin § 402.314

• Jurisdiction: Wisconsin
• Ch. 402: Uniform commercial code — sales
• Subch.: subch. III of ch. 402 SUBCHAPTER III

Text

402.314
402.314(1) (1) Unless excluded or modified (s. 402.316 ), 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.
402.314(2) (2) Goods to be merchantable must be at least such as:
402.314(2)(a) (a) Pass without objection in the trade under the contract description; and
402.314(2)(b) (b) In the case of fungible goods, are of fair average quality within the description; and
402.314(2)(c) (c) Are fit for the ordinary purposes for which such goods are used; and
402.314(2)(d) (d) Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
402.314(2)(e) (e) Are adequately contained, packaged, and labeled as the agreement may require; and
402.314(2)(f) (f) Conform to the promises or affirmations of fact made on the container or label if any.
402.314(3) (3) Unless excluded or modified (s. 402.316 ) other implied warranties may arise from course of dealing or usage of trade.