Statute · New York Uniform Commercial Code

N.Y. U.C.C. Law § 2-313 — Express Warranties by Affirmation, Promise, Description, Sample

N.Y. U.C.C. Law § 2-313

Type: Statute
Source: New York Uniform Commercial Code
Jurisdiction: New York
Current through: Nov 5, 2026 (NY Senate Open Legislation)

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

Citator

N.Y. U.C.C. Law § 2-313 — Express Warranties by Affirmation, Promise, Description, Sample is in force in the current edition of the Code, and nothing recorded condemns it.

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.

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.