Also known as: express warranty · express warrantees
Written by attorneys · grounded in primary & secondary sources — see below
A warranty created when a seller makes an affirmation of fact or promise, provides a description, or furnishes a sample or model relating to goods that becomes part of the basis of the bargain. The warranty requires the goods to conform to the affirmation, promise, description, or sample. No formal words or specific intent by the seller is required.
Edith Eberhardt met with a salesperson from Everest Holdings to purchase currency counters for her bank branches. The salesperson stated that each machine would detect counterfeit bills with complete accuracy. After the machines arrived and missed multiple counterfeits during daily operations, Edith sued for breach because the affirmation formed part of the basis of the bargain.
Ezra Eastman reviewed a sales brochure from Echelon Security that described the security cameras as processing 1,200 images per minute with integrated motion detection. He purchased the cameras for his warehouse based on those specifications. When the cameras processed far fewer images and missed detections, Ezra claimed the description created an express warranty.
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Elena Estrada received a sample vial from Elemental Pharmaceuticals showing the exact seal and material for the bulk order she planned to purchase. She ordered the full shipment relying on that sample. Upon delivery the vials failed to match the sample's seal integrity, prompting Elena to assert breach of the resulting warranty.
Edward Everett purchased a power saw after the retailer affirmed it would safely cut through hardwood without kickback. The saw caused injury during normal use because it did not conform to the affirmation. Edward pursued a claim that the affirmation created an express warranty covering the defect.
Esther Eisenberg purchased cigarettes after the manufacturer stated they posed no unusual health risks beyond ordinary use. Medical evidence later showed the products failed to conform to that statement. Esther brought a claim alleging the statement created an express warranty that had been breached.
Emanuel Escobar bought a new car after the dealer affirmed it was reasonably fit for highway driving without steering defects. The car veered unexpectedly due to a manufacturing flaw. Emanuel sued claiming the affirmation created an express warranty that the vehicle failed to meet.
An express warranty arises when a seller makes an affirmation of fact or promise, a description of the goods, or provides a sample or model that becomes part of the basis of the bargain. The buyer need not prove actual reliance, only that the statement or sample could have been relied upon at the time of contracting. Formal words such as warrant or guarantee are unnecessary.
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No specific intention to make a warranty is required. Any affirmation of fact, description, or sample that relates to the goods and forms part of the basis of the bargain creates the warranty regardless of the seller's subjective intent.
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Statements that are specific affirmations of fact or precise descriptions create express warranties, while vague opinions or sales talk do not. Courts examine whether the language is factual and whether it became part of the basis of the bargain.
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Yes. Oral affirmations of fact or promises made by the seller to the buyer that relate to the goods and become part of the basis of the bargain create express warranties even without a writing.
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…fit for the purpose for which it is intended. The defendants contend that the implied warranty has been negatived by the express warranty and disclaimer of liability contained in the purchase order. We are of the opinion that the attempted disclaimer is invalid. The clause in question is a part of a form prepared by the…