§ 34.1-2-314 — Implied warranty; merchantability; usage of trade

(a) Unless excluded or modified (section 34.1-2-316), 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.
(b) Goods to be merchantable must be at least such as:
(i) Pass without objection in the trade under the
contract description; and
(ii) In the case of fungible goods, are of fair
average quality within the description; and
(iii) Are fit for the ordinary purposes for which
such goods are used; and
(iv) Run, within the variations permitted by the
agreement, of even kind, quality and quantity within each unit
and among all units involved; and
(v) Are adequately contained, packaged, and labeled
as the agreement may require; and
(vi) Conform to the promises or affirmations of fact
made on the container or label if any.
(c) Unless excluded or modified (section 34.1-2-316) other
implied warranties may arise from course of dealing or usage of
trade.