1. (1) Unless excluded or modified (Section 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. (2) Goods to be merchantable must be at least such as

   1. (a) pass without objection in the trade under the contract description; and
   2. (b) in the case of fungible goods, are of fair average quality within the description; and
   3. (c) are fit for the ordinary purposes for which such goods are used; and
   4. (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
   5. (e) are adequately contained, packaged, and labeled as the agreement may require; and
   6. (f) conform to the promises or affirmations of fact made on the container or label if any.
3. (3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.

5A Del. C. 1953, §§ 2-314; 55 Del. Laws, c. 349.