Also known as: express warranty by affirmation · express warranty by promise · express warranty by description · express warranty by sample · express warranties · UCC 2-313 · express warranty
Written by attorneys · grounded in primary & secondary sources — see below
Warranties created when a seller makes an affirmation of fact or promise relating to goods, provides a description of the goods, or furnishes a sample or model, provided the statement or item becomes part of the basis of the bargain. The warranty requires the goods to conform to the affirmation, promise, description, or sample.
Horizon Fund sold currency counters to Dawn Financial after its salesperson stated that each machine detects counterfeit bills with 100 percent accuracy. Dawn purchased the machines shortly afterward for use in its branches. The machines later missed several counterfeit notes during routine operations. Dawn prevailed on its express warranty claim because the affirmation formed part of the basis of the bargain and the goods failed to conform.
Horizon Fund provided Dawn Financial with a sales brochure describing the currency counters as processing 1,200 bills per minute with integrated counterfeit detection. Dawn bought the machines after reviewing the brochure. The machines jammed repeatedly and failed to meet the stated speed and detection performance. Dawn succeeded on the express warranty claim because the description became part of the basis of the bargain.
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Horizon Fund gave Dawn Financial a sample currency counter to test before the sale of ten machines. Dawn inspected the sample and then ordered the full quantity. The delivered machines jammed and lacked the security features present in the sample. Dawn recovered on the express warranty claim because the sample formed part of the basis of the bargain.
Liggett made statements to consumers about the health aspects of its cigarettes. Mrs. Cipollone purchased and used the cigarettes in reliance on those statements. The cigarettes caused her injuries. The jury found that Liggett breached the resulting express warranty.
Bloomfield Motors sold an automobile to Henningsen after making statements about its quality and fitness. The car contained a latent defect that caused an accident shortly after purchase. Henningsen sued for breach of the express warranty created by those statements.
Shell Oil sold asphalt to Nanakuli Paving under a contract that described the product and its pricing terms. Trade usage in the paving industry required price protection on future deliveries. Nanakuli claimed breach when Shell raised prices without regard to that usage. The court treated the usage as part of the basis of the bargain supporting the express warranty claim.
No. The seller need not use formal words such as warrant or guarantee, and need not intend to create a warranty. An affirmation of fact or promise relating to the goods that becomes part of the basis of the bargain is sufficient.
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A statement becomes part of the basis of the bargain when it is made to the buyer in connection with the sale and the buyer reasonably relies on it in deciding to purchase. Courts focus on whether the statement was made before or at the time of contracting and whether it influenced the transaction.
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Yes. A description of the goods in promotional materials such as a brochure creates an express warranty if the description is made part of the basis of the bargain. Precise performance specifications in the brochure are treated as contractual assurances when the buyer purchases in reliance on them.
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Yes. When a seller provides a sample or model that becomes part of the basis of the bargain, an express warranty arises that the whole of the goods will conform to the sample. The buyer may recover if the delivered goods fail to match the sample's characteristics.
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…fit for the purpose for which it is intended. The defendants contend that the implied warranty has been negatived by the express warranty and disclaimer of liability contained in the purchase order. We are of the opinion that the attempted disclaimer is invalid. The clause in question is a part of a form prepared by the…