Also known as: written warranties · express warranty
Written by attorneys · grounded in primary & secondary sources — see below
A written affirmation of fact or promise made by a seller to a buyer which relates to the goods and becomes part of the basis of the bargain. The affirmation creates an express warranty that the goods will conform to the stated fact or promise.
Walter Washington purchased industrial equipment from Wolverine Steel after receiving a written sales document stating that each unit would process 1,200 units per hour without failure. The equipment repeatedly jammed after installation. The written statement formed part of the basis of the bargain and obligated Wolverine Steel to supply conforming goods.
Willa Whitman ordered custom steel beams from Wolverine Steel after reviewing a printed brochure that described the beams as meeting exact grade specifications. The delivered beams failed to match the stated grade. The brochure description became part of the basis of the bargain and created an obligation that the beams conform to the written description.
Select any source to read its text and confirm it supports the definition.
Wilma Wright selected a generator model from Willowbrook Capital after examining a physical sample unit provided during negotiations. The written purchase order referenced the sample. The delivered generator did not match the sample's performance characteristics. The sample became part of the basis of the bargain and required the whole of the goods to conform.
Wayne Walker bought commercial ovens from Wellesley Media after the seller handed him a signed note affirming that the ovens would maintain precise temperature control. The note did not use the word warranty. The ovens failed to hold temperature. The written affirmation still created an express warranty because formal words are unnecessary.
Wesley Wong purchased refrigeration units from Whitestone Bank under a written contract containing a general disclaimer of all warranties. A separate written affirmation in the same document promised that the units would maintain a specific temperature range. The units failed to meet the temperature range. The disclaimer could not negate the written affirmation because the two provisions must be read consistently when possible.
Wanda Weaver purchased cigarettes from a retailer and later developed health issues. She sought to rely on manufacturer statements about product safety. No written warranty document had been delivered to her at the time of purchase. The lack of a delivered written warranty prevented her from asserting the existence of an express warranty based on those statements.
No. An express warranty arises from any written 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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Yes. A description of the goods in a brochure that is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.
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The provisions are construed as consistent with each other whenever reasonable. A negation or limitation is inoperative to the extent the consistent construction is unreasonable.
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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…