{"data":{"id":"us-ny/n.y.-uniform-commercial-code-law-2-314","jurisdiction":"us-ny","citation":"N.Y. Uniform Commercial Code Law § 2-314","heading":"Implied Warranty: Merchantability; Usage of Trade","body":"Section 2--314. Implied Warranty: Merchantability; Usage of Trade.\n  (1) Unless excluded or modified (Section 2--316), a warranty that the\ngoods shall be merchantable is implied in a contract for their sale if\nthe seller is a merchant with respect to goods of that kind.  Under this\nsection the serving for value of food or drink to be consumed either on\nthe 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\n           description; and\n       (b) in the case of fungible goods, are of fair average quality\n           within the description; and\n       (c) are fit for the ordinary purposes for which such goods are\n           used; and\n       (d) run, within the variations permitted by the agreement, of\n           even kind, quality and quantity within each unit and among\n           all units involved; and\n       (e) are adequately contained, packaged, and labeled as the\n           agreement may require; and\n       (f) conform to the promises or affirmations of fact made on the\n           container or label if any.\n  (3) Unless excluded or modified (Section 2--316) other implied\nwarranties may arise from course of dealing or usage of trade.","path":["Uniform Commercial Code Law","Article 2. Sales","Part 3. General Obligation and Construction of Contract"],"source_url":"https://legislation.nysenate.gov/api/3/laws/UCC/2-314","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"1bf67e6fc0a898d67181f25893d38525d52a782c1abecb070afaaea9728bb0bc","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-uniform-commercial-code-law-2-313","next":"us-ny/n.y.-uniform-commercial-code-law-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}