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California Commercial Code Section 2313Legal Research Home > California Lawyer > Commercial Code > California Commercial Code Section 2313 (1) Express warranties by the seller are created as follows: (a) Any 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 creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which 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. (2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he 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 or commendation of the goods does not create a warranty.Section: Previous 2306 2307 2308 2309 2310 2311 2312 2313 2314 2315 2316 2317 2319 2320 2321 Next California Lawyers
Last modified: July 31, 2008 |