(1) Unless excluded or modified (s. 672.316), 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 (s. 672.316) other implied warranties may arise from course of dealing or usage of trade.
History.—s. 1, ch. 65-254.
Note.—s. 2-314, U.C.C.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 672 - Uniform Commercial Code: Sales
Part III - General Obligation and Construction of Contract (Ss. 672.301-672.328)
672.301 - General obligations of parties.
672.302 - Unconscionable contract or clause.
672.303 - Allocation or division of risks.
672.304 - Price payable in money, goods, realty, or otherwise.
672.306 - Output, requirements, and exclusive dealings.
672.307 - Delivery in single lot or several lots.
672.308 - Absence of specified place for delivery.
672.309 - Absence of specific time provisions; notice of termination.
672.310 - Open time for payment or running of credit; authority to ship under reservation.
672.311 - Options and cooperation respecting performance.
672.312 - Warranty of title and against infringement; buyer’s obligation against infringement.
672.313 - Express warranties by affirmation, promise, description, sample.
672.314 - Implied warranty; merchantability; usage of trade.
672.315 - Implied warranty; fitness for particular purpose.
672.316 - Exclusion or modification of warranties.
672.317 - Cumulation and conflict of warranties express or implied.
672.318 - Third-party beneficiaries of warranties express or implied.
672.319 - “F.O.B.” and “F.A.S.” terms.
672.320 - “C.I.F.” and “C. & F.” terms.
672.323 - Form of bill of lading required in overseas shipment; “overseas.”
672.324 - “No arrival, no sale” term.
672.325 - “Letter of credit” term; “confirmed credit.”
672.326 - Sale on approval and sale or return; rights of creditors.
672.327 - Special incidents of sale on approval and sale or return.