400.2-313. Express warranties by affirmation, promise, description, sample. - Missouri Statutes

Express warranties by affirmation, promise, description, sample.

400.2-313. (1) Express warranties by the seller are createdas follows:

(a) Any affirmation of fact or promise made by the seller tothe buyer which relates to the goods and becomes part of thebasis of the bargain creates an express warranty that the goodsshall conform to the affirmation or promise.

(b) Any description of the goods which is made part of thebasis of the bargain creates an express warranty that the goodsshall conform to the description.

(c) Any sample or model which is made part of the basis ofthe bargain creates an express warranty that the whole of thegoods shall conform to the sample or model.

(2) It is not necessary to the creation of an expresswarranty that the seller use formal words such as "warrant" or"guarantee" or that he have a specific intention to make awarranty, but an affirmation merely of the value of the goods ora statement purporting to be merely the seller's opinion orcommendation of the goods does not create a warranty.

(L. 1963 p. 503 § 2-313)

(1976) Held that, catalogue statement that product would absorb "considerable flex" became part of the basis of the bargain and an express warranty was created. Interco v. Randustrial Corp. (A.), 533 S.W.2d 257.