New Jersey Statutes 12A:2-313. Express warranties by affirmation, promise, description, sample
Terms Used In New Jersey Statutes 12A:2-313
- Buyer: means a person who buys or contracts to buy goods. See New Jersey Statutes 12A:2-103
- Seller: means a person who sells or contracts to sell goods. See New Jersey Statutes 12A:2-103
(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.
L.1961, c. 120, s. 2-313.