{"data":{"id":"us-nj/n.j.-stat.-12a-2-314","jurisdiction":"us-nj","citation":"N.J. Stat. § 12A:2-314","heading":"Implied warranty:  merchantability;  usage of trade","body":"(1) Unless excluded or modified (12A: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 (12A:2-316) other implied warranties may arise from course of dealing or usage of trade.\nL.1961, c. 120, s. 2-314.","path":["TITLE 12A COMMERCIAL TRANSACTIONS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"f760474294a7d45a715f6b8ed2720ce79dcfe98418b0eec3d00a1dd0cb91f8b1","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-12a-2-313.2","next":"us-nj/n.j.-stat.-12a-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}