J. MILLARD TAWES, Governor                        805

livered free of the rightful claim of any third person by way of
infringement or the like but a buyer who furnishes specifications to
the seller must hold the seller harmless against any such claim which
arises out of compliance with the specifications.

2—313. Express Warranties by Affirmation, Promise, Description,
Sample.

(1)  Express warranties by the seller are created as follows:

(a)  Any affirmation of fact or promise made by the seller to the
buyer which relates to the goods and becomes part of the basis of
the bargain creates an express warranty that the goods shall conform
to the affirmation or promise.

(b)  Any description of the goods which is made part of the basis
of the bargain creates an express warranty that the goods shall con-
form to the description.

(c)  Any sample or model which is made part of the basis of the
bargain creates an express warranty that the whole of the goods shall
conform to the sample or model.

(2)  It is not necessary to the creation of an express warranty
that the seller use formal words such as "warrant" or "guarantee"
or that he have a specific intention to make a warranty, but an
affirmation merely of the value of the goods or a statement purport-
ing to be merely the seller's opinion or commendation of the goods
does not create a warranty.

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 con-
sumed 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 descrip-
tion; 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 agree-
ment 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.