Texas Business and Commerce Code - BUS & COM § 2.314. Implied Warranty:  Merchantability;  Usage of Trade

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(a) Unless excluded or modified ( Section 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

(1) pass without objection in the trade under the contract description;  and

(2) in the case of fungible goods, are of fair average quality within the description;  and

(3) are fit for the ordinary purposes for which such goods are used;  and

(4) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved;  and

(5) are adequately contained, packaged, and labeled as the agreement may require;  and

(6) conform to the promises or affirmations of fact made on the container or label if any.

(c) Unless excluded or modified ( Section 2.316 ) other implied warranties may arise from course of dealing or usage of trade.

Cite this article: FindLaw.com - Texas Business and Commerce Code - BUS & COM § 2.314. Implied Warranty:  Merchantability;  Usage of Trade - last updated April 14, 2021 | https://codes.findlaw.com/tx/business-and-commerce-code/bus-com-sect-2-314.html

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