New York Laws
Part 3 - General Obligation and Construction of Contract
2-314 - Implied Warranty: Merchantability; Usage of Trade.

(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) 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 (Section 2--316) other implied
warranties may arise from course of dealing or usage of trade.

Structure New York Laws

New York Laws

UCC - Uniform Commercial Code

Article 2 - Sales

Part 3 - General Obligation and Construction of Contract

2-301 - General Obligations of Parties.

2-302 - Unconscionable Contract or Clause.

2-303 - Allocation or Division of Risks.

2-304 - Price Payable in Money, Goods, Realty, or Otherwise.

2-305 - Open Price Term.

2-306 - Output, Requirements and Exclusive Dealings.

2-307 - Delivery in Single Lot or Several Lots.

2-308 - Absence of Specified Place for Delivery.

2-309 - Absence of Specific Time Provisions; Notice of Termination.

2-310 - Open Time for Payment or Running of Credit; Authority to Ship Under Reservation.

2-311 - Options and Cooperation Respecting Performance.

2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement.

2-313 - Express Warranties by Affirmation, Promise, Description, Sample.

2-314 - Implied Warranty: Merchantability; Usage of Trade.

2-315 - Implied Warranty: Fitness for Particular Purpose.

2-316 - Exclusion or Modification of Warranties.

2-317 - Cumulation and Conflict of Warranties Express or Implied.

2-318 - Third Party Beneficiaries of Warranties Express or Implied.

2-319 - F. O. B. and F. A. S. Terms.

2-320 - C. I. F. and C. & F. Terms.

2-321 - C. I. F. or C. & f.: "Net Landed Weights"; "Payment on Arrival"; Warranty of Condition on Arrival.

2-322 - Delivery "Ex-Ship".

2-323 - Form of Bill of Lading Required in Overseas Shipment; "Overseas".

2-324 - "No Arrival, No Sale" Term.

2-325 - "Letter of Credit" Term; "Confirmed Credit".

2-326 - Sale on Approval and Sale or Return; Rights of Creditors.

2-327 - Special Incidents of Sale on Approval and Sale or Return.

2-328 - Sale by Auction.