Legislation
SECTION 2-313
Express Warranties by Affirmation, Promise, Description, Sample
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 3
Section 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 conform 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 purporting to be merely the
seller's opinion or commendation of the goods does not create a
warranty.
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 conform 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 purporting to be merely the
seller's opinion or commendation of the goods does not create a
warranty.