• Under the UCC, an express warranty is created by any of the following: (1) an affirmation of fact or promise made by the seller to the buyer relating to the goods that becomes the basis of the bargain; (2) a description of the goods that becomes part of the basis of the bargain; or (3) a sample or model made part of the basis of the bargain. UCC § 2-313. [Cases: Con-tracts 205.10; Sales 259. C.J.S. Contracts § 359; Sales § 242.]
express warranty
A warranty created by the overt words or actions of the seller.