{"data":{"id":"us-sc/s.c.-code-ann.-36-2-314","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 36-2-314","heading":"Implied warranty; merchantability; usage of trade.","body":"(1) Unless excluded or modified (SECTION 36-2-316), 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.\n(3) Unless excluded or modified (SECTION 36-2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["Title 36 - COMMERCIAL CODE","CHAPTER 2 Commercial Code—Sales","Part 3 General Obligation and Construction of Contract"],"source_url":"https://www.scstatehouse.gov/code/t36c002.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T07:08:04Z","sha256":"55f1e1137dc36ecd2c891de672fd529bc7d807e945c97b986b9b3995b3d6e0d6","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-36-2-313","next":"us-sc/s.c.-code-ann.-36-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}