N.Y. Uniform Commercial Code Law § 2-313: Express Warranties by Affirmation, Promise, Description, Sample

Section 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 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.