There is a newer version of this Section
2020 Tennessee Code
Title 47 - Commercial Instruments and Transactions
Chapter 2 - Sales
Part 3 - General Obligation and Construction of Contract
§ 47-2-314. Implied Warranty — Merchantability — Usage of Trade
Universal Citation: TN Code § 47-2-314 (2020)
- 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.
- Goods to be merchantable must be at least such as:
- pass without objection in the trade under the contract description; and
- in the case of fungible goods, are of fair average quality within the description; and
- are fit for the ordinary purposes for which such goods are used; and
- run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
- are adequately contained, packaged, and labeled as the agreement may require; and
- 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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