N.Y. U.C.C. 2-314

Section 2--314. Implied Warranty: Merchantability; Usage of Trade.\n (1) Unless excluded or modified (Section 2--316), a warranty that the\ngoods shall be merchantable is implied in a contract for their sale if\nthe seller is a merchant with respect to goods of that kind. Under this\nsection the serving for value of food or drink to be consumed either on\nthe premises or elsewhere is a sale.\n (2) Goods to be merchantable must be at least such as\n (a) pass without objection in the trade under the contract\n description; and\n (b) in the case of fungible goods, are of fair average quality\n within the description; and\n (c) are fit for the ordinary purposes for which such goods are\n used; and\n (d) run, within the variations permitted by the agreement, of\n even kind, quality and quantity within each unit and among\n all units involved; and\n (e) are adequately contained, packaged, and labeled as the\n agreement may require; and\n (f) conform to the promises or affirmations of fact made on the\n container or label if any.\n (3) Unless excluded or modified (Section 2--316) other implied\nwarranties may arise from course of dealing or usage of trade.\n