(1) Unless excluded or modified (§ 4-2-316), 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 (§ 4-2-316), other implied warranties may arise from course of dealing or usage of trade.
History. Acts 1961, No. 185, § 2-314; A.S.A. 1947, § 85-2-314.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-301. General obligation of parties
§ 4-2-302. Unconscionable contract or clause
§ 4-2-303. Allocation or division of risks
§ 4-2-304. Price payable in money, goods, realty, or otherwise
§ 4-2-306. Output, requirements, and exclusive dealings
§ 4-2-307. Delivery in single lot or several lots
§ 4-2-308. Absence of specified place for delivery
§ 4-2-309. Absence of specific time provisions — Notice of termination
§ 4-2-310. Open time for payment or running of credit — Authority to ship under reservation
§ 4-2-311. Options and cooperation respecting performance
§ 4-2-312. Warranty of title and against infringements — Buyer's obligation against infringement
§ 4-2-313. Express warranties by affirmation, promise, description, sample
§ 4-2-314. Implied warranty — Merchantability — Usage of trade
§ 4-2-315. Implied warranty — Fitness for particular purpose
§ 4-2-316. Exclusion or modification of warranties
§ 4-2-317. Cumulation and conflict of warranties express or implied
§ 4-2-318. Third party beneficiaries of warranties express or implied
§ 4-2-319. F.O.B. and F.A.S. terms
§ 4-2-320. C.I.F. and C. & F. terms
§ 4-2-323. Form of bill of lading required in overseas shipment — “Overseas”
§ 4-2-324. “No arrival, no sale” term
§ 4-2-325. “Letter of credit” term — “Confirmed credit”
§ 4-2-326. Sale on approval and sale or return — Rights of creditors
§ 4-2-327. Special incidents of sale on approval and sale or return