N.Y. Uniform Commercial Code Law Section 2-314
Implied Warranty: Merchantability

  • Usage of Trade

Section 2--314. Implied Warranty: Merchantability; Usage of Trade.


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.


Goods to be merchantable must be at least such as (a) pass without objection in the trade under the contract description; and


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


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


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


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


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


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

Source: Section 2-314 — Implied Warranty: Merchantability; Usage of Trade, https://www.­nysenate.­gov/legislation/laws/UCC/2-314 (updated Sep. 22, 2014; accessed Mar. 2, 2024).

Mar. 2, 2024

Last modified:
Sep. 22, 2014

§ 2-314’s source at nysenate​.gov

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