New Jersey Statutes 12A:2-314. Implied warranty: merchantability; usage of trade
Terms Used In New Jersey Statutes 12A: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 Jersey Statutes 12A: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 (12A:2-316) other implied warranties may arise from course of dealing or usage of trade.
L.1961, c. 120, s. 2-314.