{"data":{"id":"us-nh/rsa-382-a-2-314","jurisdiction":"us-nh","citation":"RSA 382-A:2-314","heading":"Implied Warranty: Merchantability; Usage of Trade.","body":"(1) Unless excluded or modified (Section 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 with 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 2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["Title XXXIV-A: UNIFORM COMMERCIAL CODE","Chapter Part 3: General Obligation and Construction of Contract"],"source_url":"https://gc.nh.gov/rsa/html/XXXIV-A/382-A/382-A-2-314.htm","current_through":"2025 regular legislative session, or December 2025","vintage":"","retrieved_at":"2026-09-05T15:43:59Z","sha256":"6249be2b52d0160c0261e6333abdae962c4afd7fba9c6fd58f4fd6532411174d","source_id":"us-nh","stale":false,"prev":"us-nh/rsa-382-a-2-313","next":"us-nh/rsa-382-a-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}