Also known as: express warranties
Written by attorneys · grounded in primary & secondary sources — see below
An 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. A description of the goods or a sample or model shown to the buyer creates the same obligation when it forms part of the basis of the bargain.
Sigma Livestock's salesperson told Gold Greenhouse that new seeds would produce at least 200 bushels per acre under normal conditions. Gold Greenhouse ordered the seeds in reliance on that statement. The crop yielded far less than promised, so the affirmation created an express warranty that the seeds failed to meet.
Horizon Fund gave Dawn Financial a brochure stating that currency counters processed 1,200 bills per minute with integrated counterfeit detection. Dawn bought the machines after reviewing the brochure. The machines jammed and missed counterfeits, violating the description that formed part of the basis of the bargain.
Select any source to read its text and confirm it supports the definition.
Eastern Electric displayed a working model of an industrial press to Metro Fabrication and stated that production units would match it. Metro ordered the press after inspecting the model. The delivered press ejected metal pieces unlike the sample, breaching the warranty created by the model.
Nanakuli Paving bought asphalt from Shell Oil under a long-term supply contract. Shell's agent affirmed that prices would remain stable based on prior dealings during crude-oil spikes. Nanakuli ordered in reliance on that statement. The affirmation created an express warranty that the price would remain consistent.
Mr. Henningsen bought a new car from Bloomfield Motors. The seller affirmed that the vehicle was free of defects and safe for ordinary use. The steering mechanism failed and caused an accident. The affirmation created an express warranty that the car failed to meet.
IRM Corp. sold an apartment building to Becker. The seller affirmed that the wiring and plumbing were free of defects. Becker suffered injury from the defects. The affirmation created an express warranty that the premises failed to meet.
No. An express warranty arises from any affirmation of fact or promise that relates to the goods and becomes part of the basis of the bargain. Formal words are unnecessary.
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The buyer need only show that the affirmation or description formed part of the basis of the bargain. Proof of subjective reliance is not required.
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A disclaimer is inoperative to the extent it cannot be construed consistently with the express warranty. Courts construe the two as consistent whenever reasonably possible.
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Many jurisdictions allow remote purchasers to enforce express warranties when the affirmation reaches them through advertising or labeling and induces the purchase.
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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…