{"data":{"id":"us-co/c.r.s.-4-2-314","jurisdiction":"us-co","citation":"C.R.S. § 4-2-314","heading":"Implied warranty - merchantability - usage of trade.","body":"(1) Unless excluded or modified (section 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\n(2) Goods to be merchantable must be at least such as:\n\n(a) Pass without objection in the trade under the contract description; and\n\n(b) In the case of fungible goods, are of fair average quality within the description; and\n\n(c) Are fit for the ordinary purposes for which such goods are used; and\n\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\n(e) Are adequately contained, packaged, and labeled as the agreement may require; and\n\n(f) Conform to the promises or affirmations of fact made on the container or label if any.\n\n(3) Unless excluded or modified (section 4-2-316), other implied warranties may arise from course of dealing or usage of trade.","path":["Title 4 - UNIFORM COMMERCIAL CODE","Article 2 - Sales","Part 3 - GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT"],"source_url":"https://olls.info/crs/crs2026-title-04.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"6f53374c74d945d3f3525e88f91cad7182707208dd3851d9d3f3efdab130f5e1","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-4-2-313","next":"us-co/c.r.s.-4-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}