{"data":{"id":"us-ky/krs-355.2-314","jurisdiction":"us-ky","citation":"KRS 355.2-314","heading":"Implied warranty: merchantability -- Usage of trade.","body":"(1) Unless excluded or modified (KRS 355.2 -316), a warranty that the goods shall be\nmerchantable is implied in a contract for their sale if the seller is a merchant with\nrespect to goods of that kind. Under this section the serving for value of food or\ndrink 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\ndescription; 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\nand quantity within each unit and among all units involved; and\n(e) are adequately contained, packaged, and labeled as the agreement may require;\nand\n(f) conform to the promises or affirmations of fact made on the container or label\nif any.\n(3) Unless excluded or modified (KRS 355.2 -316) other implied warranties may arise\nfrom course of dealing or usage of trade.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33274","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:42Z","sha256":"330805de4d8fdad515c9536d4b499ae6899307c597fb258fcf92d7ec984da8d2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2-313","next":"us-ky/krs-355.2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}