The Vermont Statutes Online

Title 9A : Uniform Commercial Code

Article 002 : Sales

• § 2—314. Implied warranty: merchantability; usage of trade

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