Ind. Code § 26-1-2-314 – Implied warranty; merchantability; usage of trade

(1) Unless excluded or modified ( IC 26-1-2-316 ), 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) Goods to be merchantable must at least be 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 ( IC 26-1-2-316 ), other implied warranties may arise from course of dealing or usage of trade.
Formerly: Acts 1963, c.317, s.2-314. As amended by P.L.152-1986, SEC.135.