Section 2-A-210. Express Warranties.

Terms Used In N.Y. Uniform Commercial Code 2-A-210

  • Goods: means all things that are movable at the time of

    identification to the lease contract, or are fixtures

    (Section 2-A-309), but the term does not include money,

    documents, instruments, accounts, chattel paper, general

    intangibles, or minerals or the like, including oil and gas,

    before extraction. See N.Y. Uniform Commercial Code 2-A-103
  • Lessee: means a person who acquires the right to possession

    and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103
  • Lessor: means a person who transfers the right to possession

    and use of goods under a lease. See N.Y. Uniform Commercial Code 2-A-103

(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.

  Previous section
Next section  
 Part 2 Contents