{"data":{"id":"us-de/6-del.-c.-2-314","jurisdiction":"us-de","citation":"6 Del. C. § 2-314","heading":"Implied warranty; merchantability; usage of trade.","body":"(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.\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 (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["Title 6. Commerce and Trade","SUBTITLE I","Uniform Commercial Code","ARTICLE 2. Sales","Part 3","General Obligation and Construction of Contract"],"source_url":"https://delcode.delaware.gov/title6/c002/sc03/index.html#2-314","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:06Z","sha256":"20469b915233babfa10467c03059a79bbdb1dca8eb2b49a70cc9dfc9974615cb","source_id":"us-de","stale":true,"prev":"us-de/6-del.-c.-2-313","next":"us-de/6-del.-c.-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}