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A. In this section:

1. Immediate buyer” means a buyer that enters into a contract with the seller.

2. Remote purchaser” means a person that buys or leases goods from an immediate buyer or other person in the normal chain of distribution.

B. This section applies only to new goods and goods sold or leased as new goods in a transaction of purchase in the normal chain of distribution.

C. If in a record packaged with or accompanying the goods the seller makes an affirmation of fact or promise that relates to the goods, provides a description that relates to the goods, or makes a remedial promise, and the seller reasonably expects the record to be, and the record is, furnished to the remote purchaser, the seller has an obligation to the remote purchaser that:

1. The goods will conform to the affirmation of fact, promise, or description unless a reasonable person in the position of the remote purchaser would not believe that the affirmation of fact, promise, or description created an obligation; and

2. The seller will perform the remedial promise.

D. It is not necessary to the creation of an obligation under this section that the seller use formal words such as “warrant” or “guarantee” or that the seller have a specific intention to undertake an obligation, 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 an obligation.

E. The following rules apply to the remedies for breach of an obligation created under this section:

1. The seller may modify or limit the remedies available to the remote purchaser if the modification or limitation is furnished to the remote purchaser no later than the time of purchase or if the modification or limitation is contained in the record that contains the affirmation of fact, promise, or description.

2. Subject to a modification or limitation of remedy, a seller in breach is liable for incidental or consequential damages under 27A ONC § 2-715, but not for lost profits.

3. The remote purchaser may recover as damages for breach of a seller’s obligation arising under subsection (C) of this section the loss resulting in the ordinary course of events as determined in any reasonable manner.

F. An obligation that is not a remedial promise is breached if the goods did not conform to the affirmation of fact, promise, or description creating the obligation when the goods left the seller’s control. ONCA 13-23, eff. Sept. 24, 2013.