New Jersey § 12a:2-314

§ 12a:2-314.

(1) Unless excluded or modified (12A: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 (12A:2-316) other implied warranties may arise from

course of dealing or usage of trade.