Conn. Gen. Stat. § 42a-2-313: Express warranties by affirmation, promise, description, sample.
Where this section sits in the code
- TITLE 42a. UNIFORM COMMERCIAL CODE
- ARTICLE 2. SALES
- PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
(1) In this section: (a) “Manufacturer” means a seller involved in the design, assembly or preparation of any goods before such goods are sold or distributed to a consumer at retail. (b) “Seller” means a person who is engaged in the business of selling or transferring ownership of, or contracting to sell or transfer ownership of, goods and includes a manufacturer, wholesaler, distributor or retailer.
(2) 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 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. (d) Any affirmation of fact or promise made by the seller to repair or replace defective goods creates an express warranty that the defective goods shall be repaired or replaced in conformance with such affirmation or promise.
(3) It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that the seller 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.
(4) It is not necessary to the assertion of a claim for breach of an express warranty for the buyer, or the buyer's successor in interest, to have bought the goods directly from, or entered into a sales contract with, the seller.
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