440.2313 Creation of express warranties by seller.

233 words·~1 min read·/mi/chapter-440/440-2313

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 2313.

(1)Express warranties by the seller are created as follows:

(a)An affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.

(b)A 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.

(c)A sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

(2)It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he or she have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty, except as provided in the art multiples sales act and Act No. 121 of the Public Acts of 1970, being sections 442.321 to 442.325 of the Michigan Compiled Laws.

History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1987, Act 53, Eff. Dec. 9, 1987