(1) 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. (2) Goods to be merchantable must be at least 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 (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.Added by Laws 1961, p. 82, § 2-314.
Oklahoma Legal Code