57A-2-314 Implied warranty--Merchantability--Usage of trade.
Implied warranty--Merchantability--Usage of trade.
a warranty that
the goods shall
is implied in a
their sale if the
seller is a
goods of that
this section the
value of food
or drink to be
either on the
elsewhere is a
Goods to be merchantable must be at least such as
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
Unless excluded or modified (§ 57A-2-316) other implied warranties may arise from
course of dealing or usage of trade.
SL 1966, ch 150, § 2-314; SDCL, §§ 57-4-30 to 57-4-32.