{"data":{"id":"us-hi/haw.-rev.-stat.-490-2-314","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 490:2-314","heading":"Implied warranty: merchantability; usage of trade.","body":"(1) Unless excluded or modified (section 490:2-316), 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 490:2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["Hawaii Code","Division 2","Title 27","Chapter 490"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0490/HRS_0490-0002-0314.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"af08f0434a3661dbc65a86de4475ef97f60ef1ab7973138bffd0c565bca96353","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-490-2-313.1","next":"us-hi/haw.-rev.-stat.-490-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}