70A-2-313 - Express warranties by affirmation, promise, description, sample. - Utah Statutes

70A-2-313. Express warranties by affirmation, promise, description, sample.

(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 thegoods and becomes part of the basis 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 the basis of the bargain creates anexpress 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 expresswarranty 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 formalwords 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 theseller's opinion or commendation of the goods does not create a warranty.

Enacted by Chapter 154, 1965 General Session