N.Y. Uniform Commercial Code Law § 2-314: Implied Warranty: Merchantability; Usage of Trade

Section 2--314. Implied Warranty: Merchantability; Usage of Trade.

(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.