{"data":{"id":"us-nd/n.d.-cent.-code-41-02-31","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 41-02-31","heading":"(2-314) Implied warranty - Merchantability - Usage of trade","body":"1.Unless excluded or modified (section 41-02-33), 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.\n2.Goods to be merchantable must be at least such as:\na.Pass without objection in the trade under the contract description;\nb.In the case of fungible goods, are of fair average quality within the description;\nc.Are fit for the ordinary purposes for which such goods are used;\nd.Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved;\ne.Are adequately contained, packaged, and labeled as the agreement may require; and\nf.Conform to the promises or affirmations of fact made on the container or label if any.\n3.Unless excluded or modified (section 41-02-33), other implied warranties may arise from course of dealing or usage of trade.","path":["Title 41 Uniform Commercial Code","Chapter 41-02 Sales"],"source_url":"https://ndlegis.gov/cencode/t41c02.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"ed13bf7d109293f5eb5ab750a2421f40f5b15897ae00d4ef3e3eb4ab1abe0ecf","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-41-02-30","next":"us-nd/n.d.-cent.-code-41-02-32"},"notice":"GroundRules: Original legal text. Not legal advice."}