Also known as: written warranty · express warranty
Written by attorneys · grounded in primary & secondary sources — see below
A contractual assurance by a seller that goods will conform to an affirmation of fact, description, or sample. The assurance becomes part of the basis of the bargain when made in connection with a sale and creates an obligation that the goods match the stated terms.
Wade Watson purchased a generator from Winslow Aviation after the seller stated in writing that the unit would produce 5000 watts continuously. The generator delivered only 3500 watts during normal operation. Wade sued for breach because the written statement formed part of the basis of the bargain and the goods failed to conform.
Winston Ward bought industrial fans from Windham Technologies after reviewing a sales brochure that listed a maximum airflow of 1200 cubic feet per minute. Actual testing showed the fans reached only 900 cubic feet per minute under standard conditions. Winston claimed the written description created an obligation that the goods match the listed capacity.
Select any source to read its text and confirm it supports the definition.
Wesley Wong selected a batch of fabric from Winterhaven Logistics after examining a provided sample swatch that showed a tight weave and specific color. The delivered rolls contained loose threads and mismatched dye. Wesley asserted that the sample formed part of the bargain and required the entire shipment to match it.
Whitney White received an email from Wellesley Media confirming that a purchased printer would handle 500 pages per hour without jamming. The printer jammed after 200 pages. Whitney relied on the email statement even though it used no formal warranty language.
Wyatt Wilson bought a conveyor system under a written contract that included a performance specification. A later clause tried to disclaim all warranties. The system failed to meet the specified speed. Wyatt argued the disclaimer could not override the written assurance because the two provisions could not reasonably be read together.
Wendy Wu purchased a new vehicle from a dealer after reviewing the manufacturer's written booklet that promised the transmission would last 100000 miles under normal use. The transmission failed at 40000 miles. Wendy sought recovery under the written assurance that accompanied the sale.
A written affirmation or description creates an express warranty when the buyer receives it before or during the sale and the statement relates to the goods. The buyer need not prove subjective reliance if the statement was made in connection with the transaction.
Supporting sources
No formal words are required. Any written affirmation of fact or description that becomes part of the basis of the bargain creates the warranty even if the seller had no specific intention to warrant.
Supporting sources
A disclaimer is inoperative to the extent it cannot reasonably be construed as consistent with the written warranty. Courts construe the provisions together when possible and disregard the disclaimer where inconsistency exists.
Supporting sources
Yes. A sample or model made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
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…