Section 18 Warranty of Merchantability

• Library: Consumer Law and Practice 2010

Section 400.2-314(1), RSMo 2000, provides that, "[u]nless excluded or modified . . ., 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." The requirements of merchantability in § 400.2-314(1) ensure that merchantable goods:

"(a) pass without objection . . .;

(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...