NRS 104.2314
Implied warranty: Merchantability

  • usage of trade.

Mentioned in

Constituent Services Unit FAQ

Nevada Legislature, July 12, 2019

“A ‘Lemon Law’ is a statute designed to assist buyers whose new motor vehicles have chronic defects.”
Bibliographic info


Unless excluded or modified (NRS 104.2316), 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.


Goods to be merchantable must be at least such as:


Pass without objection in the trade under the contract description; and


In the case of fungible goods, are of fair average quality within the description; and


Are fit for the ordinary purposes for which such goods are used; and


Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and


Are adequately contained, packaged and labeled as the agreement may require; and


Conform to the promises or affirmations of fact made on the container or label if any.


Unless excluded or modified (NRS 104.2316) other implied warranties may arise from course of dealing or usage of trade.

Source: Section 104.2314 — Implied warranty: Merchantability; usage of trade., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec2314.

Last Updated

Aug. 30, 2023

§ 104.2314’s source at nv​.us