Implied Warranty — Merchantability — Usage of Trade

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  2. Tennessee Code
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  6. Implied Warranty — Merchantability — Usage of Trade

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  1. Unless excluded or modified (§ 47-2-316), 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:
  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
  5. are adequately contained, packaged, and labeled as the agreement may require; and
  6. conform to the promises or affirmations of fact made on the container or label if any.

Unless excluded or modified (§47-2-316) other implied warranties may arise from course of dealing or usage of trade.


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