§ 2-313. Express warranties by affirmation, promise, description, sample.
A. In this section, “immediate buyer” means a buyer that enters into a contract with the seller.
B. Express warranties by the seller to the immediate buyer are created as follows:
1. Any affirmation of fact or promise made by the seller 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.
2. 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.
3. Any sample or model that 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.
C. 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.
D. Any remedial promise made by the seller to the immediate buyer creates an obligation that the promise will be performed upon the happening of the specified event. ONCA 13-23, eff. Sept. 24, 2013.