{"data":{"id":"us-sd/sdcl-57a-2-314","jurisdiction":"us-sd","citation":"SDCL § 57A-2-314","heading":"Implied warranty--Merchantability--Usage of trade.","body":"(1) Unless excluded or modified (§ 57A-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 (§ 57A-2-316) other implied warranties may arise from course of dealing or usage of trade.\nSource: SL 1966, ch 150, § 2-314; SDCL, §§ 57-4-30 to 57-4-32.","path":["TITLE 57A. UNIFORM COMMERCIAL CODE","CHAPTER 57A-2. SALES"],"source_url":"https://sdlegislature.gov/Statutes/57A-2-314","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"519ef8c79557897c5c3af0874e1c3ce6fad57f09b1f1ea1829d5aae2363a2549","source_id":"us-sd","stale":false,"prev":"us-sd/sdcl-57a-2-313","next":"us-sd/sdcl-57a-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}