§12A-2-313. Express Warranties by Affirmation, Promise,

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

Description, Sample.

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

(a)Any affirmation of fact or promise made by the sellerto the buy

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 shall conform to the

description.

(c)Any 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 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. Laws 1961, p. 81, § 2-313.