Section 2-314 of the Uniform Commercial Code provides that:
|“|| (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:
(3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.