{"data":{"id":"us-ut/utah-code-70a-2-314","jurisdiction":"us-ut","citation":"Utah Code § 70A-2-314","heading":"Implied warranty -- Merchantability -- Usage of trade.","body":"(1) Unless excluded or modified (Section 70A-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 (Section 70A-2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["Title 70A Uniform Commercial Code","Chapter 70A-2 Uniform Commercial Code - Sales","Part 70A-2-3 General Obligation and Construction of Contract"],"source_url":"https://le.utah.gov/xcode/Title70A/Chapter2/70A-2-S314.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"942068d2055a860c59b1e7a4ff205444b9f7b7f564d45b48093e424498a5d2d8","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-70a-2-313","next":"us-ut/utah-code-70a-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}