(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.
(1959, P.A. 133, S. 2-313.)
Description of warranty liability has undergone clarification in the Uniform Commercial Code. 176 C. 97. Cited. 184 C. 10; Id., 607; 191 C. 150; 203 C. 342; 216 C. 65; 218 C. 297.
Cited. 1 CA 690; 2 CA 308; 33 CA 575.
Third party beneficiary of express and implied warranties was not required to give notice of their breach to manufacturer under Sec. 42a-2-607 as condition precedent to suit. 26 CS 223. Law of express and implied warranty is part of and distinguished in title; code does not relate to real property and it has virtually eliminated doctrine of caveat emptor with regard to sale of personalty. 28 CS 476, 481. Cited. 32 CS 69.
Where receipt for payment of price of used car was plainly stamped “This car not guaranteed” and sales agreement also had such notation and defendant's salesman said clearly car sold at agreed price could not be guaranteed, there was no express or implied warranty in sale. 4 Conn. Cir. Ct. 685.
Subsec. (1):
Cited. 27 CA 810.
Cited. 33 CS 108; 39 CS 107.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Section 42a-2-101. - Short title: Uniform Commercial Code–Sales.
Section 42a-2-102. - Scope; certain security and other transactions excluded from this article.
Section 42a-2-103. - Definitions and index of definitions.
Section 42a-2-104. - Definitions: “Merchant”; “between merchants”; “financing agency”.
Section 42a-2-107. - Goods to be severed from realty; recording.
Section 42a-2-201. - Formal requirements; statute of frauds.
Section 42a-2-202. - Final written expression: Parol or extrinsic evidence.
Section 42a-2-203. - Seals inoperative.
Section 42a-2-204. - Formation in general.
Section 42a-2-205. - Firm offers.
Section 42a-2-206. - Offer and acceptance in formation of contract.
Section 42a-2-207. - Additional terms in acceptance or confirmation.
Section 42a-2-208. - Course of performance or practical construction.
Section 42a-2-209. - Modification, rescission and waiver.
Section 42a-2-210. - Delegation of performance; assignment of rights.
Section 42a-2-301. - General obligations of parties.
Section 42a-2-302. - Unconscionable contract or clause.
Section 42a-2-303. - Allocation or division of risks.
Section 42a-2-304. - Price payable in money, goods, realty, or otherwise.
Section 42a-2-305. - Open price term.
Section 42a-2-306. - Output, requirements and exclusive dealings.
Section 42a-2-307. - Delivery in single lot or several lots.
Section 42a-2-308. - Absence of specified place for delivery.
Section 42a-2-309. - Absence of specific time provisions; notice of termination.
Section 42a-2-311. - Options and cooperation respecting performance.
Section 42a-2-313. - Express warranties by affirmation, promise, description, sample.
Section 42a-2-314. - Implied warranty: merchantability; usage of trade.
Section 42a-2-315. - Implied warranty: fitness for particular purpose.
Section 42a-2-316. - Exclusion or modification of warranties.
Section 42a-2-317. - Cumulation and conflict of warranties express or implied.
Section 42a-2-318. - Third party beneficiaries of seller's warranties whether express or implied.
Section 42a-2-319. - F.O.B. and F.A.S. terms.
Section 42a-2-320. - C.I.F. and C. & F. terms.
Section 42a-2-322. - Delivery “ex-ship”.
Section 42a-2-323. - Form of bill of lading required in overseas shipment; “overseas”.
Section 42a-2-324. - “No arrival, no sale” term.
Section 42a-2-325. - “Letter of credit” term; “confirmed credit”.
Section 42a-2-326. - Sale on approval and sale or return; rights of creditors.
Section 42a-2-327. - Special incidents of sale on approval and sale or return.
Section 42a-2-328. - Sale by auction.
Section 42a-2-403. - Power to transfer; good faith purchase of goods; “entrusting”.
Section 42a-2-501. - Insurable interest in goods; manner of identification of goods.
Section 42a-2-503. - Manner of seller's tender of delivery.
Section 42a-2-504. - Shipment by seller.
Section 42a-2-505. - Seller's shipment under reservation.
Section 42a-2-506. - Rights of financing agency.
Section 42a-2-507. - Effect of seller's tender; delivery on condition.
Section 42a-2-508. - Cure by seller of improper tender or delivery; replacement.
Section 42a-2-509. - Risk of loss in the absence of breach.
Section 42a-2-510. - Effect of breach on risk of loss.
Section 42a-2-511. - Tender of payment by buyer; payment by check.
Section 42a-2-512. - Payment by buyer before inspection.
Section 42a-2-513. - Buyer's right to inspection of goods.
Section 42a-2-514. - When documents deliverable on acceptance; when on payment.
Section 42a-2-515. - Preserving evidence of goods in dispute.
Section 42a-2-601. - Buyer's rights on improper delivery.
Section 42a-2-602. - Manner and effect of rightful rejection.
Section 42a-2-603. - Merchant buyer's duties as to rightfully rejected goods.
Section 42a-2-605. - Waiver of buyer's objections by failure to particularize.
Section 42a-2-606. - What constitutes acceptance of goods.
Section 42a-2-608. - Revocation of acceptance in whole or in part.
Section 42a-2-609. - Right to adequate assurance of performance.
Section 42a-2-610. - Anticipatory repudiation.
Section 42a-2-611. - Retraction of anticipatory repudiation.
Section 42a-2-612. - “Installment contract”; breach.
Section 42a-2-613. - Casualty to identified goods.
Section 42a-2-614. - Substituted performance.
Section 42a-2-615. - Excuse by failure of presupposed conditions.
Section 42a-2-616. - Procedure on notice claiming excuse.
Section 42a-2-701. - Remedies for breach of collateral contracts not impaired.
Section 42a-2-702. - Seller's remedies on discovery of buyer's insolvency.
Section 42a-2-703. - Seller's remedies in general.
Section 42a-2-705. - Seller's stoppage of delivery in transit or otherwise.
Section 42a-2-706. - Seller's resale including contract for resale.
Section 42a-2-707. - “Person in the position of a seller”.
Section 42a-2-708. - Seller's damages for nonacceptance or repudiation.
Section 42a-2-709. - Action for the price.
Section 42a-2-710. - Seller's incidental damages.
Section 42a-2-711. - Buyer's remedies in general; buyer's security interest in rejected goods.
Section 42a-2-712. - “Cover”; buyer's procurement of substitute goods.
Section 42a-2-713. - Buyer's damages for nondelivery or repudiation.
Section 42a-2-714. - Buyer's damages for breach in regard to accepted goods.
Section 42a-2-715. - Buyer's incidental and consequential damages.
Section 42a-2-716. - Buyer's right to specific performance or replevin.
Section 42a-2-717. - Deduction of damages from the price.
Section 42a-2-718. - Liquidation or limitation of damages; deposits.
Section 42a-2-719. - Contractual modification or limitation of remedy.
Section 42a-2-720. - Effect of “cancellation” or “rescission” on claims for antecedent breach.
Section 42a-2-721. - Remedies for fraud.
Section 42a-2-722. - Who can sue third parties for injury to goods.
Section 42a-2-723. - Proof of market price; time and place.
Section 42a-2-724. - Admissibility of market quotations.
Section 42a-2-725. - Statute of limitations in contracts for sale.