§ 2-314. Implied warranty: merchantability; usage of trade.
A. Unless excluded or modified (27A ONC § 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;
2. In the case of fungible goods, are of fair average quality within the description;
3. Are fit for the ordinary purposes for which goods of that description are used;
4. Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved;
5. Are adequately contained, packaged, and labeled as the agreement may require; and
6. Conform to the promise or affirmations of fact made on the container or label if any.
C. Unless excluded or modified (27A ONC § 2-316) other implied warranties may arise from course of dealing or usage of trade. ONCA 13-23, eff. Sept. 24, 2013.