§ 34-1-2-314

34.1-2-314. Implied warranty; merchantability; usage of trade. (a) Unless excluded or modified (section 34.1-2-316), 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: (i) Pass without objection in the trade under the contract description; and (ii) In the case of fungible goods, are of fair average quality within the description; and (iii) Are fit for the ordinary purposes for which such goods are used; and (iv) Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (v) Are adequately contained, packaged, and labeled as the agreement may require; and (vi) Conform to the promises or affirmations of fact made on the container or label if any. (c) Unless excluded or modified (section 34.1-2-316) other implied warranties may arise from course of dealing or usage of trade.