41-02.1-19. (2A-210) Express warranties.
177 words·~1 min read·
/nd/title-41/chapter-41-02-1-leases/41-02-1-19·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Express warranties by the lessor are created as follows:
a. Any affirmation of fact or promise made by the lessor to the lessee which relates
to the goods and becomes part of the basis of the bargain creates an express
warranty that the goods will conform to the affirmation or promise.
b. Any description of the goods which is made part of the basis of the bargain
creates an express warranty that the goods will conform to the description.
c. Any sample or model that is 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.
2. It is not necessary to the creation of an express warranty that the lessor use formal
words, such as "warrant" or "guarantee", or that the lessor 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 lessor's opinion or commendation of the goods does not
create a warranty.