express warranty

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A warranty as to the condition, quality, or nature of a good or property intentionally and clearly stated to the other contracting party. The Uniform Commercial Code § 2–313 provides that a seller can create an express warranty in the following ways: “any affirmation of fact or promise . . . which relates to the goods and becomes part of the basis of the bargain”; “any description of the goods which is made part of the basis of the bargain”; “any sample or model which is made part of the basis of the bargain.” It further clarifies that “it is not necessary . . . that the seller use formal words such as ‘warranty’ or ‘guarantee’ or that he have a specific intention to make a warranty.” To illustrate, the Texas Supreme Court found a breach of express warranty in Medical City Dallas, Ltd. v. Carlisle Corp. where a roofing company issued a twenty year warranty on the membrane on the roof and within months the buyer found leaks in the roof.

[Last updated in November of 2020 by the Wex Definitions Team]