12.01.090 Implied Warranty of Merchantability

(a) Unless excluded or modified, 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.

(b) Goods to be merchantable must be at least such as:

(1) Pass without objection in the trade under the contract description; and

(2) Are fit for the ordinary purposes for which such goods are used; and

(3) Are adequately contained, packaged, and labeled as the agreement may require; and

(4) Conform to the promises or affirmations of fact made on the container or label if any.