{"data":{"id":"us-ar/ark.-code-ann.-4-2-314","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 4-2-314","heading":"Implied warranty — Merchantability — Usage of trade.","body":"(1) Unless excluded or modified (§ 4-2-316), 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.\n(2) Goods to be merchantable must be at least such as\n(a) pass without objection in the trade under the contract description; and\n(b) in the case of fungible goods, are of fair average quality within the description; and\n(c) are fit for the ordinary purposes for which such goods are used; and\n(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and\n(e) are adequately contained, packaged, and labeled as the agreement may require; and\n(f) conform to the promises or affirmations of fact made on the container or label if any.\n(3) Unless excluded or modified (§ 4-2-316), other implied warranties may arise from course of dealing or usage of trade.","path":["Title 4 Business and Commercial Law","Subtitle 1. Uniform Commercial Code","Chapter 2 Sales","Part 3 — General Obligation and Construction of Contract"],"source_url":"https://archive.org/download/gov.ar.code/release78.2020.11.06/gov.ar.code.title.04.odt","current_through":"2020-11-06","vintage":"Arkansas Code Release 78 (2020-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T21:07:03Z","sha256":"adac2f7b75fea9ad5da528e865b13aa7aeaefe96204cd59f4850420acada1ec1","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-4-2-313","next":"us-ar/ark.-code-ann.-4-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}