{"data":{"id":"us-ga/o.c.g.a.-11-2-314","jurisdiction":"us-ga","citation":"O.C.G.A. § 11-2-314","heading":"Implied warranty: merchantability; usage of trade.","body":"(1) Unless excluded or modified (Code Section 11-2-316), 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 Code 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 (Code Section 11-2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["TITLE 11 Commercial Code","Article 2 Sales","PART 3 General Obligation and Construction of Contract"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.11.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"cc28f63f7e5f8a0394747ae5d6286fb8e37475b1ab8cc171fe2112666dc31729","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-11-2-313","next":"us-ga/o.c.g.a.-11-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}