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See also Implied warranty of fitness. The Uniform Commercial Code recognizes that a cause of action may be based on both express and implied warranties and as to the latter may be based on the warranty of merchantability, § 2-314, and the warranty of fitness, § 2-315.  2-314. Implied Warranty: Merchantability; Usage of Trade (a) 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 ...