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2023 Tennessee Code
Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121)
Chapter 2 - SALES (§§ 47-2-101 — 47-2-725)
Part 3 - GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT (§§ 47-2-301 — 47-2-328)
Section 47-2-314 - Implied warranty - Merchantability - Usage of trade
Universal Citation:
TN Code § 47-2-314 (2023)
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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:
- (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 (§ 47-2-316) other implied warranties may arise from course of dealing or usage of trade.
Acts 1963, ch. 81, § 1 (2-314).
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