{"data":{"id":"us-va/va.-code-8.2-314","jurisdiction":"us-va","citation":"Va. Code § 8.2-314","heading":"Implied warranty: Merchantability; usage of trade","body":"(1) Unless excluded or modified (§ 8.2-316), 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.(2) Goods to be merchantable must be at least such as(a) pass without objection in the trade under the contract description; and(b) in the case of fungible goods, are of fair average quality within the description; and(c) are fit for the ordinary purposes for which such goods are used; and(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and(e) are adequately contained, packaged, and labeled as the agreement may require; and(f) conform to the promises or affirmations of fact made on the container or label if any.(3) Unless excluded or modified (§ 8.2-316) other implied warranties may arise from course of dealing or usage of trade.1964, c. 219.","path":["Title 8.2. COMMERCIAL CODE - SALES","Part 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT"],"source_url":"https://law.lis.virginia.gov/vacode/8.2-314/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:12:49Z","sha256":"cbc4fb745b130845f29dd84dddc380f2fb876321fa22d2fa69892a507e29fb2d","source_id":"us-va","stale":true,"prev":"us-va/va.-code-8.2-313","next":"us-va/va.-code-8.2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}