(810 ILCS 5/2-314)
(from Ch. 26, par. 2-314)
Implied warranty: merchantability; usage of trade.
(1) Unless excluded or modified (Section 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
(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 2-316) other implied
warranties may arise from course of dealing or usage of trade.
(Source: Laws 1961, p. 2101