§ 25-2-313. Express warranties by affirmation, promise, description, sample. - North Carolina Statutes

§25‑2‑313.  Express warranties by affirmation, promise, description,sample.

(1)        Express warrantiesby the seller are created as follows:

(a)        Any affirmation offact or promise made by the seller to the buyer which relates to the goods andbecomes part of the basis of the bargain creates an express warranty that thegoods shall conform to the affirmation or promise.

(b)        Any description ofthe goods which is made part of the basis of the bargain creates an expresswarranty that the goods shall conform to the description.

(c)        Any sample or modelwhich is made part of the basis of the bargain creates an express warranty thatthe whole of the goods shall conform to the sample or model.

(2)        It is not necessaryto the creation of an express warranty that the seller use formal words such as"warrant" or "guarantee" or that he have a specificintention to make a warranty, but an affirmation merely of the value of thegoods or a statement purporting to be merely the seller's opinion or commendationof the goods does not create a warranty. (1965, c. 700, s. 1.)