Iowa Code § 554.2314 : COMMERCE — REGULATION OF COMMERCIAL ENTERPRISES — Uniform commercial code — SALES — GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT — Implied warranty: merchantability - usage of trade

1. Unless excluded or modified (section 554.2316 ), 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 554.2316 ) other implied warranties may arise from course of dealing or usage of trade.

Iowa Code § 554.2314

C24, 27, 31, 35, 39, §9944; C46, 50, 54, 58, 62, § 554.16; C66, 71, 73, 75, 77, 79, 81, § 554.2314

Referred to in § 554A.1

Limitation; § 613.18

SECTIONS