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The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

002

:
Sales











 

§

2-313. Express warranties by affirmation, promise, description, sample

(1) Express

warranties by the seller are created as follows:

(a) Any

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) 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.