LegalFix
Sign In

Section 36-2-314. Implied warranty; merchantability; usage of trade.

SC Code § 36-2-314 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) Unless excluded or modified (Section 36-2-316), 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.

(3) Unless excluded or modified (Section 36-2-316) other implied warranties may arise from course of dealing or usage of trade.

HISTORY: 1962 Code Section 10.2-314; 1966 (54) 2716.

Previous Section
Section 36-2-313. Express warranties by affirmation, promise, description, sample.
Next Section
Section 36-2-315. Implied warranty: Fitness for particular purpose.