(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.
History. Acts 1961, No. 185, § 2-313; A.S.A. 1947, § 85-2-313.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-301. General obligation of parties
§ 4-2-302. Unconscionable contract or clause
§ 4-2-303. Allocation or division of risks
§ 4-2-304. Price payable in money, goods, realty, or otherwise
§ 4-2-306. Output, requirements, and exclusive dealings
§ 4-2-307. Delivery in single lot or several lots
§ 4-2-308. Absence of specified place for delivery
§ 4-2-309. Absence of specific time provisions — Notice of termination
§ 4-2-310. Open time for payment or running of credit — Authority to ship under reservation
§ 4-2-311. Options and cooperation respecting performance
§ 4-2-312. Warranty of title and against infringements — Buyer's obligation against infringement
§ 4-2-313. Express warranties by affirmation, promise, description, sample
§ 4-2-314. Implied warranty — Merchantability — Usage of trade
§ 4-2-315. Implied warranty — Fitness for particular purpose
§ 4-2-316. Exclusion or modification of warranties
§ 4-2-317. Cumulation and conflict of warranties express or implied
§ 4-2-318. Third party beneficiaries of warranties express or implied
§ 4-2-319. F.O.B. and F.A.S. terms
§ 4-2-320. C.I.F. and C. & F. terms
§ 4-2-323. Form of bill of lading required in overseas shipment — “Overseas”
§ 4-2-324. “No arrival, no sale” term
§ 4-2-325. “Letter of credit” term — “Confirmed credit”
§ 4-2-326. Sale on approval and sale or return — Rights of creditors
§ 4-2-327. Special incidents of sale on approval and sale or return