Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 382-A:2-314 · Implied Warranty: Merchantability; Usage of Trade

Title
XXXIV-A: UNIFORM COMMERCIAL CODE
Chapter
382-A · UNIFORM COMMERCIAL CODE
Status
current
Official source linked
Yes
Official source Copy section link

382-A:2-314 Implied Warranty: Merchantability; Usage of Trade. –

Copy link
(1)

Unless excluded or modified (Section 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.

Copy link
(2)

Goods to be merchantable must be at least such as

Copy link
(a)

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

Copy link
(b)

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

Copy link
(c)

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

Copy link
(d)

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

Copy link
(e)

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

Copy link
(f)

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

Copy link
(3)

Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade. Source. 1959, 247:1, eff. July 1, 1961.

Copy link

Source note

Source. 1959, 247:1, eff. July 1, 1961.

Source history

  • 1959, 247:1, eff. July 1, 1961

Related materials

Bill relationships

  • 2026 HB1066 reference

    installment sale, or other similar agreement to acquire use or ownership of such equipment as is from time to time required by the municipality. For purposes of this section and RSA 382-A, building or facility improvements related to the installation, purpose, or operation of such equipment shall be deemed to constitute equipment and the costs of such improvements may be financed through lease agreements

  • 2026 HB1066-FN reference

    installment sale, or other similar agreement to acquire use or ownership of such equipment as is from time to time required by the municipality. For purposes of this section and RSA 382-A, building or facility improvements related to the installation, purpose, or operation of such equipment shall be deemed to constitute equipment and the costs of such improvements may be financed through lease agreements

  • 2026 HB1748 reference · effective 2027-01-01

    V. Any mortgage, pledge, or security interest made by the authority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The property or revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received

  • 2026 HB1748-FN reference · effective 2027-01-01

    V. Any mortgage, pledge, or security interest made by the authority under this chapter shall be valid and binding and shall be deemed continuously perfected for the purposes of RSA 382-A and all other laws from the time when the mortgage, pledge, or security interest is made. The property or revenues so mortgaged, pledged, or subjected to a security interest then held or thereafter acquired or received

  • 2026 SB56 reference · effective 2031-07-01

    rfected from the time when the security document is executed with or without any subsequent physical delivery or segregation of the money and without any filing or recording under RSA 382-A or otherwise] A pledge of property, revenues, or other collateral by the authority to secure the payment of principal or redemption price of, or interest on, any bonds, or any reimbursement or similar agreement with any

Opinions and discipline decisions mentioning this RSA