Warranty of Merchantability: Your Right to Goods That Work
What Is the Warranty of Merchantability?
The warranty of merchantability is an implied guarantee under the Uniform Commercial Code (UCC) Section 2-314 that goods sold by a merchant are fit for their ordinary purpose. It applies automatically to sales by merchants — you do not need to negotiate for it or include it in the contract.
In plain terms: if you buy a product from a professional seller, it should work the way that type of product normally works.
What Merchantable Means
Under the UCC, goods are merchantable if they:
- Pass without objection in the trade under the contract description
- Are fit for the ordinary purposes for which such goods are used
- Are adequately contained, packaged, and labeled
- Conform to any promises or affirmations on the packaging or label
- Are of even kind, quality, and quantity within each unit
- Run within the variations permitted by the agreement
Who Does This Apply To?
The warranty of merchantability only applies to merchants — parties who regularly deal in goods of the kind being sold. A one-time private sale (like selling your used furniture to a neighbor) generally does not carry this warranty.
How It Can Be Disclaimed
Sellers can disclaim the warranty of merchantability, but the UCC has strict requirements:
- The word "merchantability" must be used in the disclaimer
- The disclaimer must be conspicuous (e.g., bold, capitalized, or in larger text)
- "As-is" or "with all faults" language can also disclaim all implied warranties if clearly stated
Some state consumer protection laws restrict or prohibit these disclaimers for consumer goods, so a disclaimer that is valid in a commercial context may not work in a consumer sale.
When to Consult a Lawyer
If you purchased goods that are fundamentally unfit for their intended use, consider consulting an attorney. Even if the contract contains a warranty disclaimer, it may not be valid if it fails to meet the UCC's formal requirements or violates your state's consumer protection laws.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.