Article 2 — Sales · Section 2-313
This section addresses express warranties in sales transactions under the Uniform Commercial Code.
Source: U.C.C. § 2-313
An express warranty is created when a seller makes an affirmation of fact or promise relating to the goods, provides a description of the goods, or shows a sample or model that becomes part of the basis of the bargain.
UCC § 2-313 establishes that sellers can create express warranties through affirmations, promises, or descriptions of the goods being sold. These warranties are important because they ensure that the buyer receives the quality and condition of goods as stated by the seller.
A promise or guarantee made by the seller about the quality or features of the goods being sold, which becomes part of the contract.
The fundamental consideration that influences the buyer’s decision to enter into the sales contract.
Example 1
A car dealership advertises that a specific vehicle has 'the best fuel efficiency on the market' and this claim is relied upon by the buyer, creating an express warranty.
Example 2
A furniture store describes a sofa as 'made from 100% cotton upholstery.' This description forms an express warranty that the upholstery meets that specification.