Idaho State Statutes - Idaho Attorney Directory

(1)
Unless excluded or modified (section 28-2-316), 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 (section 28-2-316) other implied
warranties may arise from course of dealing or usage of trade.

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