{"data":{"id":"us-pa/13-pa.c.s.-2314","jurisdiction":"us-pa","citation":"13 Pa.C.S. § 2314","heading":"Implied warranty: merchantability; usage of trade.","body":"(a) Sale by merchant.--Unless excluded or modified (section 2316), 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(b) Merchantability standards for goods.--Goods to be merchantable must be at least such as:\n(1) pass without objection in the trade under the contract description;\n(2) in the case of fungible goods, are of fair average quality within the description;\n(3) are fit for the ordinary purposes for which such goods are used;\n(4) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved;\n(5) are adequately contained, packaged, and labeled as the agreement may require; and\n(6) conform to the promises or affirmations of fact made on the container or label if any.\n(c) Course of dealing or usage of trade.--Unless excluded or modified (section 2316) other implied warranties may arise from course of dealing or usage of trade.","path":["Title 13 - COMMERCIAL CODE","CHAPTER 23 GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT"],"source_url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM\u0026ttl=13\u0026div=0\u0026chpt=23\u0026sctn=14\u0026subsctn=0","current_through":"2025-12-01 (Statute Update stamp, 13 Pa.C.S.)","vintage":"","retrieved_at":"2026-09-02T16:31:03Z","sha256":"ace116e8b3451afcdc35b688e76ac4e48a6b5b8de0d5e39e21b61cb0627e26d7","source_id":"us-pa","stale":false,"prev":"us-pa/13-pa.c.s.-2313","next":"us-pa/13-pa.c.s.-2315"},"notice":"GroundRules: Original legal text. Not legal advice."}