Texas Business & Commerce Code

§ 2.314 — IMPLIED WARRANTY: MERCHANTABILITY; USAGE OF TRADE

BC § 2.314Title 1. UNIFORM COMMERCIAL CODE · Ch. 2. SALES · Art. C. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

Statute text

(a)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.

(b)Goods to be merchantable must be at least such as

(1)pass without objection in the trade under the contract description; and

(2)in the case of fungible goods, are of fair average quality within the description; and

(3)are fit for the ordinary purposes for which such goods are used; and

(4)run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

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Legislative history

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.