Also known as: descriptions of the goods
Written by attorneys · grounded in primary & secondary sources — see below
A factual statement identifying attributes or qualities of goods sold. When the statement is made part of the basis of the bargain, it creates an express warranty that the goods will conform to the description.
Cedar Plastics contracted with Sun Assembly for a shipment of steel sheets. The contract documents described the sheets as industrial-grade and rust-resistant meeting premium corrosion standards. Cedar incorporated the sheets into components that corroded under ordinary humidity. The description formed part of the basis of the bargain, so Sun Assembly is liable for breach of the resulting express warranty.
Seaside Haven Resort ordered bed linens from LuxeTextiles after reviewing a product sheet that described the linens as 800-thread-count Egyptian cotton. The resort relied on that description when placing the order. Testing later revealed a lower thread count and different cotton source. Because the description became part of the basis of the bargain, LuxeTextiles breached the express warranty created by its statement.
Select any source to read its text and confirm it supports the definition.
No. The UCC provides that formal words such as warranty or guarantee are unnecessary. A description of the goods becomes an express warranty when it is made part of the basis of the bargain, regardless of the seller's intent to warrant.
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No. A description in a catalog, sample book, or product sheet can become part of the basis of the bargain if the buyer reviews it and relies on it when deciding to purchase. Courts focus on whether the buyer was aware of and influenced by the description during contract formation.
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No. An experienced buyer can still recover when a specific factual description becomes part of the basis of the bargain. The buyer's knowledge of variability in performance does not negate the warranty if the description was reviewed and relied upon in selecting the goods.
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…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. N.J.S.A. § 12A:2-313(1) (emphases added). With respect to this…