{"data":{"id":"us-mo/mo.-rev.-stat.-400.2-314","jurisdiction":"us-mo","citation":"Mo. Rev. Stat. § 400.2-314","heading":"Implied warranty — merchantability — usage of trade.","body":"(1) Unless excluded or modified (section 400.2-316), 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 400.2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["Title XXVI - TRADE AND COMMERCE","Chapter 400 - Uniform Commercial Code"],"source_url":"https://revisor.mo.gov/main/OneSection.aspx?section=400.2-314","current_through":"2026 legislative session (floor)","vintage":"","retrieved_at":"2026-09-03T22:23:28Z","sha256":"7ee9f49027d4862d049b193d54a5697712bc4e3dd1be99914512c823cd37fab4","source_id":"us-mo","stale":false,"prev":"us-mo/mo.-rev.-stat.-400.2-313","next":"us-mo/mo.-rev.-stat.-400.2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}