(1. Unless excluded or modified (§ 8.2-316), 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.
(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 (§ 8.2-316) other implied warranties may arise from course of dealing or usage of trade.
History
1964, c. 219.
