| (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. |
Terms Used In Utah Code 70A-2-314
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See Utah Code 70A-2-103
| (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 (Section 70A-2-316) other implied warranties may arise from course of dealing or usage of trade. |
Enacted by Chapter 154, 1965 General Session
