Section 11-2-314. Implied warranty: merchantability; usage of trade

   (1) Unless excluded or modified (Code Section 11-2-316), 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 Code 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 (Code Section 11-2-316) other implied warranties may arise from course of dealing or usage of trade.

Code 1933, § 109A-2--314, enacted by Ga. L. 1962, p. 156, § 1.