- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 314. Implied Warranty: Merchantability; Usage of Trade.
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AS 45.02.314. Implied Warranty: Merchantability; Usage of Trade.
- (a) Unless excluded or modified (AS 45.02.316
), 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.
- (b) Goods to be merchantable must at least
- (1) pass without objection in the trade under the contract description;
- (2) in the case of fungible goods, be of fair average quality within the description;
- (3) be fit for the ordinary purposes for which the goods are used;
- (4) run, within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among
all units involved;
- (5) be adequately contained, packaged, and labeled as the agreement requires; and
- (6) conform to the promises or affirmations of fact made on the container or label.
- (c) Unless excluded or modified (AS 45.02.316
), other implied warranties may arise from course of dealing or usage of trade.
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