That's almost right.[1] I think an example might help explain the abstract statement in the UCC comments. Say you order a truckload of USDA Choice tenderloin. M

That's almost right.[1] I think an example might help explain the abstract statement in the UCC comments. Say you order a truckload of USDA Choice tenderloin. Meat quality is continuous, so really, USDA Choice refers to a range of quality; some Choice meat is on the lower end, almost Select, and some Choice meat is on the higher end, almost Prime. It would be a breach of the implied warranty of merchantability if the seller sent you a shipment of tenderloin that was all at the low end of the Choice range. Someone in the business of meat would balk at receiving such a shipment, so it wouldn't be the kind of shipment expected to "pass without objection". The quality should roughly center around the average of the designation (USDA Choice) specified in the contract. These are all default rules, like most of contract law. A particular contract can by its express terms lay down a different rule, such as disclaiming any warranty (as-is) or specifying its own terms of warranty (an express warranty). [1] What you described is just a straight-up breach of contract, even in the absence of a warranty. If you order USDA Choice meat, a shipment of USDA Select meat is such a breach of contract. In agriculture, and especially outside of meat, some of a shipment will always fall outside of the quality range. This is dealt with in the grading definition. So when you buy USDA Grade AA eggs, that actually means that at least 72% of the eggs are AA, and of the remaining, 10% are at least A and the balance can be B (basically... see https://www.ams.usda.gov/grades-standards/shell-egg-grades-and-standards https://www.ams.usda.gov/grades-standards/shell-egg-grades-a... ).