Utah Code

Utah Code § 70A-2-314 (2026)

Implied warranty -- Merchantability -- Usage of trade

✓ current as of May 2026

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Unless excluded or modified (Section 70A-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.

Goods to be merchantable must be at least such as

pass without objection in the trade under the contract description; and

in the case of fungible goods, are of fair average quality within the description; and

are fit for the ordinary purposes for which such goods are used; and

run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

are adequately contained, packaged, and labeled as the agreement may require; and

conform to the promises or affirmations of fact made on the container or label if any.

Unless excluded or modified (Section 70A-2-316) other implied warranties may arise from course of dealing or usage of trade.