(1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will 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 will conform to the description.
(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as “warrant” or “guarantee,” or that the lessor 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 lessor's opinion or commendation of the goods does not create a warranty.
Structure Delaware Code
Part 2. Formation and Construction of Lease Contract
§ 2A-202. Final written expression: Parol or extrinsic evidence.
§ 2A-204. Formation in general.
§ 2A-206. Offer and acceptance in formation of lease contract.
§ 2A-208. Modification, rescission and waiver.
§ 2A-209. Lessee under finance lease as beneficiary of supply contract.
§ 2A-212. Implied warranty of merchantability.
§ 2A-213. Implied warranty of fitness for particular purpose.
§ 2A-214. Exclusion or modification of warranties.
§ 2A-215. Cumulation and conflict of warranties express or implied.
§ 2A-216. Third-party beneficiaries of express and implied warranties.
§ 2A-218. Insurance and proceeds.