Also known as:affirmations of fact or promise · express warranty
Written by attorneys · grounded in primary & secondary sources — see below
A statement by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain. The statement creates an express warranty that the goods will conform to the affirmation or promise.
Sources & Authorities
How it applies
Common Examples
6
Smartboard Integration Assurance
Summit College purchased interactive smartboards from EdTech Labs after the seller's representative stated that the boards would reliably integrate with all current and planned campus learning systems for at least eight years. The written contract listed only hardware specifications and a two-year limited warranty. When integration problems arose within three years, the college sued for breach. The representative's concrete performance assurance formed part of the basis of the bargain and created an express warranty.
Corn Seed Yield Promise
Prairie Harvest Cooperative bought high-yield corn seed from AgriMax Seeds after the seller's representative and brochures stated that the seed would produce at least 180 bushels per acre under average Midwestern conditions. The invoice listed only the product name, price, and a broad limitation of liability. The crop produced far less. The specific yield assurance became part of the basis of the bargain and created an express warranty.
Put it into practice
Test Yourself
10
Practice Questions5
· 8 primary sources
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Study Supplements
Currency Counter Performance Claim
Dawn Financial bought currency counting machines from Horizon Fund after the seller's representative stated during negotiations that the machines would process 1,200 bills per minute with integrated counterfeit detection. The written contract listed only hardware specifications. When the delivered machines jammed and missed counterfeits, the representative's concrete performance assurance formed part of the basis of the bargain and created an express warranty.
Informal Machine Performance Claim
Adrian Aguilar purchased specialized bottling equipment from Alliance Holdings after the seller's salesperson stated during negotiations that each machine would detect counterfeit bills with 100 percent accuracy. The written contract contained no formal warranty language. When the machines missed several counterfeit notes, the salesperson's factual assurance created an express warranty even without the words warrant or guarantee.
Conflicting Warranty Language
Andre Antoine bought agricultural equipment from Artemis Logistics after the seller made a specific performance affirmation during negotiations. The written contract contained language attempting to limit all warranties. The court construed the affirmation and the limiting language as consistent where reasonable, preserving the express warranty created by the seller's statement.
Automobile Defect Warranty
Abigail Alvarez purchased a new car from Alpine Mining after the dealer made repeated factual statements about the vehicle's safety features and performance. When a latent defect caused an accident, the dealer's pre-sale affirmations created an express warranty that could not be disclaimed by general language in the purchase documents.
Does an express warranty require the seller to use the words warrant or guarantee?+
No. An express warranty arises whenever a seller makes an affirmation of fact or promise that relates to the goods and becomes part of the basis of the bargain. Formal warranty language is unnecessary.
Supporting sources
When does a seller's statement become part of the basis of the bargain?+
A statement becomes part of the basis of the bargain when it is made during negotiations and induces the buyer's purchase. The buyer need not prove subjective reliance. Objective inducement suffices.
Supporting sources
Can an oral statement create an express warranty even if the written contract omits it?+
Yes. Pre-contract affirmations of fact that become part of the basis of the bargain create express warranties even when the final writing is silent about them or contains a shorter warranty period.
Supporting sources
How does a court distinguish a binding affirmation from mere puffery?+
A binding affirmation states a concrete, measurable fact or promise about the goods. Vague opinions or general commendations about value or quality remain nonbinding puffery.
Supporting sources
Does a description of the goods in a brochure create an express warranty?+
Yes. Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.
Supporting sources
ContractsPerformance · Warranties and disclaimers under the UCCNEXTGENFoundational