West Virginia § 46-2-313 Express warranties by affirmation, promise, description, sample

West Virginia Statutes

§ 46-2-313 — Express warranties by affirmation, promise, description, sample

West Virginia·Ch. 46 UNIFORM COMMERCIAL CODE·Art. 2 SALES

(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 warran

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

West Virginia § 46-2-313 (Express warranties by affirmation, promise, description, sample) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.