§ 26-1-2-314

Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.(2) Goods to be merchantable must at least be such as:(a) pass without objection in the trade under the contract description; and(b) in the case of fungible goods, are of fair, average quality within the description; and(c) are fit for the ordinary purposes for which such goods are used; and(d) run, within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved; and(e) are adequately contained, packaged, and labeled as the agreement may require; and(f) conform to the promises or affirmations of fact made on the container or label if any.(3) Unless excluded or modified (IC 26-1-2-316), other implied warranties may arise from course of dealing or usage of trade.Formerly: Acts 1963, c.317, s.2-314. As amended by P.L.152-1986, SEC.135.