Implied Warranty of Merchantability in Florida
The implied warranty of merchantability is a UCC guarantee that goods sold by a merchant will be fit for their ordinary purpose. Adopted in Florida under Section 672.314, Florida Statutes, this warranty applies automatically to every sale of goods by a merchant without needing to be stated in the contract.
Merchantability Standards
To be merchantable under Florida law, goods must:
- Pass without objection in the trade
- Be of fair average quality within the description
- Be fit for the ordinary purposes for which such goods are used
- Be adequately contained, packaged, and labeled
- Conform to promises or affirmations on the container or label
- Run within variations permitted by the agreement
Disclaimer Requirements
Florida allows disclaimers of the implied warranty of merchantability, but the disclaimer must comply with Section 672.316:
- Must specifically mention the word "merchantability"
- Must be conspicuous (bold text, larger font, or contrasting color)
- "As-is" or "with all faults" language excludes all implied warranties
Consumer protection limitations: The Florida Deceptive and Unfair Trade Practices Act (Chapter 501) may restrict disclaimer enforceability in consumer transactions.
Statute of Limitations
- UCC warranty claims: 4 years from delivery (Section 672.725)
- Parties may reduce: To not less than 1 year by agreement
- Personal injury (tort): 2 years from injury
- FDUTPA claims: 4 years from discovery
Product Liability Context
Implied warranty of merchantability claims frequently arise alongside product liability claims in Florida. A buyer injured by a defective product may pursue claims under multiple theories: breach of implied warranty, strict liability, and negligence. Each theory has different elements and time limits.
Related Terms
- Implied Warranty — General warranty principles
- Product Liability — Manufacturer and seller liability
- Contract — Sale of goods agreements
- Breach of Contract — Failure to meet warranty standards
Barnes Walker Commercial Litigation
Barnes Walker’s business litigation attorneys handle implied warranty of merchantability disputes in commercial and consumer transactions throughout Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC