§ 26-1-2-313 — Express warranties by affirmation, promise, description, and sample

Indiana § 26-1-2-313

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 2: Sales

Text

(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.
Formerly: Acts 1963, c.317, s.2-313.