28-12-210. EXPRESS WARRANTIES. (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.
History:
[28-12-210, added 1993, ch. 287, sec. 1, p. 986.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES
Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT
Section 28-12-201 - STATUTE OF FRAUDS.
Section 28-12-202 - FINAL WRITTEN EXPRESSION — PAROL OR EXTRINSIC EVIDENCE.
Section 28-12-203 - SEALS INOPERATIVE.
Section 28-12-204 - FORMATION IN GENERAL.
Section 28-12-205 - FIRM OFFERS.
Section 28-12-206 - OFFER AND ACCEPTANCE IN FORMATION OF LEASE CONTRACT.
Section 28-12-208 - MODIFICATION, RESCISSION AND WAIVER.
Section 28-12-209 - LESSEE UNDER FINANCE LEASE AS BENEFICIARY OF SUPPLY CONTRACT.
Section 28-12-210 - EXPRESS WARRANTIES.
Section 28-12-212 - IMPLIED WARRANTY OF MERCHANTABILITY.
Section 28-12-213 - IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Section 28-12-214 - EXCLUSION OR MODIFICATION OF WARRANTIES.
Section 28-12-215 - CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-12-216 - THIRD-PARTY BENEFICIARIES OF EXPRESS AND IMPLIED WARRANTIES.
Section 28-12-217 - IDENTIFICATION.
Section 28-12-218 - INSURANCE AND PROCEEDS.
Section 28-12-219 - RISK OF LOSS.