Texas Business & Commerce Code - Section 2.313. Express Warranties By Affirmation, Promise, Description, Sample

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§ 2.313. EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, 
DESCRIPTION, SAMPLE.  (a) Express warranties by the seller are 
created as follows:
		(1)  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.
		(2)  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.
		(3)  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.
	(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 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.

Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.           

Last modified: August 10, 2007