Also known as: UCC 2-313 · U.C.C. § 2-313 · UCC § 2-313 · express warranty
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule under which any affirmation of fact or promise relating to goods that becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. A description of the goods or a sample or model that becomes part of the basis of the bargain likewise creates an express warranty of conformity. No formal words such as warrant or guarantee and no specific intention to create a warranty are required.
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Universal Motors told Ulf Ulfsson that a new truck model would achieve twenty-five miles per gallon in highway driving. Ulf purchased the truck the next week. When the truck averaged only eighteen miles per gallon, the seller's statement created an express warranty that the vehicle failed to meet.
Ultimate Solutions advertised a printer as handling one thousand pages per hour. Uriel Urban ordered the printer after reviewing the catalog. The machine processed only seven hundred pages per hour in ordinary use, breaching the warranty created by the description.
Unison Media showed Ursula Upton a sample recording device that produced studio-quality sound. She bought ten units based on that sample. The delivered devices produced noticeably lower fidelity, violating the warranty that all goods would match the sample.
Ultrasonic Dynamics told Ulric Unger its sensors were the most reliable on the market. Ulric bought the sensors without any formal warranty language in the contract. The statement created an express warranty because it was an affirmation of fact that became part of the bargain.
Universal Motors delivered equipment to Ulrike Ulrich accompanied by a form stating no warranties existed. Earlier sales materials had described the equipment as meeting precise performance standards that formed the basis of the purchase. The disclaimer could not negate the express warranty created by those descriptions.
Ugo Uberti purchased cigarettes after reading advertisements that minimized health risks. The statements formed part of the basis of the bargain. When health problems arose, the express warranty claim turned on whether those public affirmations induced the purchase.
An express warranty arises when a seller makes an affirmation of fact or promise, a description, or provides a sample or model that becomes part of the basis of the bargain. The warranty requires that the goods conform to the affirmation, description, or sample.
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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…
…Instruct the Jury That Mrs. Cipollone's Nonreliance on Liggett's Safety Advertisements Would Prevent Her From Recovering on Her Express Warranty
…for breach of warranty. The counterclaim was dismissed because the written contract
…(2) reasonable reliance by Step-Saver. The trial judge requested briefing on several issues related to Step-Saver's remaining express warranty
…court that plaintiffs established all the elements of a cause of action for misrepresentation. 4. Defendants breached their express warranty
No formal words such as warrant or guarantee are required. Any affirmation of fact or promise that relates to the goods and becomes part of the basis of the bargain creates the warranty even without those words.
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Words or conduct that attempt to negate or limit an express warranty are construed as consistent with the warranty when reasonable. A negation or limitation is inoperative to the extent the construction is unreasonable.
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The buyer must show that the seller made an affirmation, description, or sample that became part of the basis of the bargain and that the goods did not conform to it. The buyer need not prove the seller intended to create a warranty.
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A statement merely affirming the value of the goods or purporting to be the seller's opinion or commendation does not create a warranty.
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