N.Y. Uniform Commercial Code 2-313 – Express Warranties by Affirmation, Promise, Description, Sample
Section 2–313. Express Warranties by Affirmation, Promise, Description,
Terms Used In N.Y. Uniform Commercial Code 2-313
- Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
- Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
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.