TITLE 6A

Uniform Commercial Code

CHAPTER 6A-2

Sales

PART 6A-2-301

General Obligation and Construction of Contract

SECTION 6A-2-313



   § 6A-2-313  Express warranties by

affirmation, promise, description, or 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 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.



History of Section.

(P.L. 1960, ch. 147, § 1.)