                                 CODE OF VIRGINIA

IMPLIED WARRANTY: MERCHANTABILITY; USAGE OF TRADE (§ 8.2-314)

1. Unless excluded or modified (&#xA7; 8.2-316), 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 (&#xA7; 8.2-316) other implied warranties may
arise from course of dealing or usage of trade.

HISTORY: 1964, c. 219.