(1)  Unless excluded or modified (§ 6A-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 (§ 6A-2-316), other implied warranties may arise from course of dealing or usage of trade.