KRS 355.2-314: Implied warranty: merchantability -- Usage of trade.

(1) Unless excluded or modified (KRS 355.2 -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 (KRS 355.2 -316) other implied warranties may arise

from course of dealing or usage of trade.