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This entry was published on 2014-09-22
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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.