2006 New York Code - Implied Warranty

 
  Section 2--314. Implied Warranty: Merchantability; Usage of Trade.
    (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.