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Express Warranty of Merchantability
Seller warrants that the goods being sold pursuant to this Agreement: (1) will meet the contract description; (2) will be fit for the ordinary purposes for which these goods are sold; (3) will run within the variations permitted by the contract concerning kind, quality, and quantity within each unit and among all units involved; (4) will be adequately contained, packaged, and labeled pursuant to the contract; and (5) will conform to any promise or affirmation of fact made in labeling. [If the contract applies to fungible goods, add: (6) will be of fair average quality within the contract description.]