{"data":{"id":"us-mt/30-2-314","jurisdiction":"us-mt","citation":"30-2-314","heading":"Implied warranty -- merchantability -- usage of trade.","body":"(1) Unless excluded or modified (30-2-316), 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 (30-2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["TITLE 30. TRADE AND COMMERCE","CHAPTER 2. UNIFORM COMMERCIAL CODE SALES","Part 3. General Obligation and Construction of Contract"],"source_url":"https://mca.legmt.gov/bills/mca/title_0300/chapter_0020/part_0030/section_0140/0300-0020-0030-0140.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:49Z","sha256":"35121c3d529ac60bcc521e36cd9a9cc6458e3a3ee3b04ce6bed019734e89a5cb","source_id":"us-mt","stale":false,"prev":"us-mt/30-2-313","next":"us-mt/30-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}