What are Implied and Express Warranties of Merchantability?
Merchants always provide one type of warranty in the sale of goods; that is an implied warranty of merchantability. Implied warranties are just that warranties based on the factual situation of the transaction. No other language is necessary to bring this warranty into being because it exists at the outset of the transaction. The goods must be fit for the ordinary purposes for which the goods are used. UCC 2-314. This meaning is derived from the usage of the goods in that particular trade. The implied warranty of merchantability under UCC 2-314 provides that unless excluded or modified, a warranty that the goods shall be merchantable is implied in a contract for their sale provided the seller is a merchant with respect to goods of that kind. The warranty arises independently of the sales contract and is imposed by law. Moreover, such warranty may arise not only in connection with a sale, but also in connection with a contract to sell; and it may arise not only when the purchase is made
