S.C. Code Ann. § 36-2-314
This is the official text of S.C. Code Ann. § 36-2-314, part of South Carolina’s Code Ann — part of the compiled statutory law of South Carolina, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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SECTION 36-2-314. Implied warranty; merchantability; usage of trade.
Official statutory text
(1) Unless excluded or modified (SECTION 36-2-316), 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. (3) Unless excluded or modified (SECTION 36-2-316) other implied warranties may arise from course of dealing or usage of trade.
Status: in_force · Read it on the official government site
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