Implied Warranty: Merchantability; Usage of Trade.

  1. Law
  2. Oklahoma Statutes
  3. Commercial Code
  4. Implied Warranty: Merchantability; Usage of Trade.

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(1) 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.

(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 2-316) other implied warranties may arise from course of dealing or usage of trade.

Added by Laws 1961, p. 82, § 2-314.


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