Section 30-2-314 - Implied warranty - merchantability - usage of trade(1) Unless excluded or modified (30-2-316), 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 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 (30-2-316) other implied warranties may arise from course of dealing or usage of trade.En. Sec. 2-314, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-314.