Also known as: U.C.C. § 2-313 · Uniform Commercial Code § 2-313 · express warranty · express warranties
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule creating express warranties when a seller makes an affirmation of fact or promise relating to goods that becomes part of the basis of the bargain. The rule also creates warranties from any description of the goods or any sample or model that becomes part of the basis of the bargain. Goods must then conform to the affirmation, promise, description, sample, or model.
Horizon Fund told Dawn Financial that each currency counting machine detects counterfeit bills with 100 percent accuracy. Dawn purchased the machines shortly after the statement. The machines missed several counterfeit notes during routine use. Dawn can recover for breach because the machines failed to conform to the seller's affirmation.
Horizon Fund provided Dawn Financial a sales brochure stating the machines process 1,200 bills per minute with integrated counterfeit detection. Dawn bought the machines after receiving the brochure. The machines jammed repeatedly and failed to reach the stated speed. Dawn can recover because the machines did not conform to the description that formed part of the bargain.
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Horizon Fund showed Dawn Financial a demonstration model that processed bills without jamming and detected counterfeits accurately. Dawn ordered ten machines after seeing the model perform. The delivered machines jammed and missed counterfeits. Dawn can recover because the machines failed to conform to the sample that became part of the bargain.
Shell Oil contracted to supply asphalt to Nanakuli Paving under a long-term supply agreement. Trade usage in the paving industry required Shell to price-protect Nanakuli against increases. Shell raised prices without protection. Nanakuli can recover because the usage created an express warranty that became part of the bargain.
Bloomfield Motors sold a car to Henningsen with statements from the manufacturer about the vehicle's fitness for highway use. The steering mechanism failed shortly after purchase. Henningsen can recover because the manufacturer's statements created an express warranty that the car would conform to the affirmations.
Liggett Group advertised its cigarettes with specific statements about safety and low tar content. Cipollone purchased and smoked the cigarettes in reliance on those statements. Cipollone developed lung cancer. Recovery is available because the advertisements created express warranties that the cigarettes would conform to the described qualities.
An express warranty arises when a seller makes an affirmation of fact or promise about the goods that becomes part of the basis of the bargain. A description of the goods or a sample or model can also create the warranty if it becomes part of the basis of the bargain. Formal words such as warrant or guarantee are not required.
Supporting sources
No particular reliance need be shown for the affirmation or description to become part of the basis of the bargain. The seller bears the burden of proving that the buyer did not rely on the statement. Courts treat the statement as part of the agreement once made unless the seller offers clear proof of non-reliance.
Supporting sources
A brochure creates an express warranty when it contains a description of the goods that becomes part of the basis of the bargain. Precise performance specifications in the brochure qualify as descriptions. The buyer can recover if the goods fail to conform to those specifications.
Supporting sources
An oral statement creates an express warranty if it is an affirmation of fact relating to the goods and forms part of the basis of the bargain. A specific claim that each machine detects counterfeits with 100 percent accuracy qualifies. The buyer can recover when the goods fail to meet that standard.
Supporting sources
…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…