Nevada § 104.2314 - Implied warranty: Merchantability; usage of trade

§ 104.2314. Implied warranty: Merchantability; usage of trade

1. Unless excluded or modified ( NRS 104.2316 ), 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 ( NRS 104.2316 ) other implied warranties may arise from course of dealing or usage of trade.