(2-314) Implied warranty - Merchantability - Usage of trade
N.D. Cent. Code § 41-02-31
in effect41-02-31. (2-314) Implied warranty - Merchantability - Usage of trade
1. Unless excluded or modified (section 41-02-33), 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;
b. In the case of fungible goods, are of fair average quality within the description;
c. Are fit for the ordinary purposes for which such goods are used;
d. Run, within the variations permitted by the agreement, of even kind, quality and
quantity within each unit and among all units involved;
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 (section 41-02-33), other implied warranties may arise
from course of dealing or usage of trade.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t41c02.pdf#nameddest=41-02-31Fetched: 10/16/2026