New Mexico Statutes 55-2-314. Implied warranty: merchantability; usage of trade
(1) Unless excluded or modified (Section 2-316 [55-2-316 N.M. Stat. Ann.]), 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.
Terms Used In New Mexico Statutes 55-2-314
- Contract: A legal written agreement that becomes binding when signed.
- seller: means a person who sells or contracts to sell goods. See New Mexico Statutes 55-2-103
(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 [55-2-316 N.M. Stat. Ann.]) other implied warranties may arise from course of dealing or usage of trade.