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This deals with U.C.C. 2-312, which discusses and defines an Express Warranty as a seller's oral or written promise, ancillary to an underlying sales or lease agreement, as to the quality, description, or performance of the goods being sold or leased. Under the U.C.C., express warranties arise when a seller indicates to the buyer/lessee that the goods:
conform to any affirmation or promise of fact made by the seller to the buyer/lessee about the goods (i.e., there is a “dual core” processor in the machine),
conform to any factual description of the goods (i.e., the label says it is an Intel processor), and/or
conform to any sample or model of the goods shown to the buyer prior to purchase.
In order to give rise to an express warranty, the affirmation, promise, description, sample, or model must become part of the basis of the bargain between the seller and the buyer and constitute more than a mere statement of opinion. These warranties can be found in a seller's advertisement, brochure or other promotional materials, as well as being made orally or expressly in a written contract. To be an express warranty, the seller does not have to specifically say “warrant” or guarantee. Rather, the buyer must have reasonably understood a representation as part of the basis of the bargain. For example, “in good mechanical condition” is presumptively part of the bargain and is held to be a warranty. A statement of opinion and value is not always easy to separate. Puffing is always around: “This is the best used car to come around in years; it has four new tires and a 150-horsepower engine rebuilt this year.” You only have a case for the tires and the engine in this situation. A statement that something is “worth a fortune” or “you'd pay $500 elsewhere” does not usually create a warranty.
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