Express Warranties

Contract law has express warranties and implied warranties. Express Warranty is found in Section 313 of the Uniform Commercial Code. An express warranty is created as follows:

  1. Any affirmation of fact or promise 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
  2. Any description of the goods which is made a part of the basis of the bargain creates an express warranty that the goods shall conform to the description

To make it easier, you can just remember three elements that are needed to create an express warranty:

  1. Statement regarding quality or description
  1. Fact, promise, or description
  1. Basis of the bargain

 

See also: Disclaimer of Warranties

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