{"data":{"id":"us-wv/w.-va.-code-46-2-314","jurisdiction":"us-wv","citation":"W. Va. Code § 46-2-314","heading":"Implied warranty: Merchantability; usage of trade.","body":"(1) Unless excluded or modified (section 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 2-316) other implied warranties may arise from course of dealing or usage of trade.","path":["CHAPTER 46. UNIFORM COMMERCIAL CODE.","ARTICLE 2. SALES."],"source_url":"https://code.wvlegislature.gov/46-2-314/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:29:44Z","sha256":"d7aa46e431efdf9ed9df45d890d5713564d47c4ca17eec5e8e11d24e38ad82f6","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-46-2-313","next":"us-wv/w.-va.-code-46-2-315"},"notice":"GroundRules: Original legal text. Not legal advice."}