New York Uniform Commercial Code Law Section 2-313 - Express Warranties by Affirmation, Promise, Description, Sample.

Section 2--313. Express Warranties by Affirmation, Promise, Description,

                Sample.

(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.

Last modified: February 3, 2019