D.C. Code § 28:2-314: Implied warranty: merchantability; usage of trade.

(1)

Unless excluded or modified (section 28:2-316), 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 28:2-316), or implied warranties may arise from course of dealing or usage of trade.