Section 45.02.313. Express warranties by affirmation, promise, description, sample.

   (a) Express warranties by the seller are created as follows:
        (1) an affirmation of fact or promise made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise;
        (2) a description of the goods that is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description;
        (3) a sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
   (b) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that the seller 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 seller's opinion of commendation of the goods does not create a warranty.

Notes

History

(Sec. 2.313 ch 114 SLA 1962)