Michigan Compiled Laws
174-1962-2-3 - Part 3 General Obligation and Construction of Contract (440.2301...440.2328)
Section 440.2313 - Creation of Express Warranties by Seller.

Sec. 2313.
(1) Express warranties by the seller are created as follows:
(a) An 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) A 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) A 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 or she 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, except as provided in the art multiples sales act and Act No. 121 of the Public Acts of 1970, being sections 442.321 to 442.325 of the Michigan Compiled Laws.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1987, Act 53, Eff. Dec. 9, 1987

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 440 - Uniform Commercial Code

Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)

Article 2 - Sales (440.2101...440.2725)

174-1962-2-3 - Part 3 General Obligation and Construction of Contract (440.2301...440.2328)

Section 440.2301 - Obligations of Seller and Buyer.

Section 440.2302 - Unconscionable Contract or Clause.

Section 440.2303 - Allocation or Division of Risk or Burden.

Section 440.2304 - Price; Payment in Money, Goods, Realty, or Otherwise.

Section 440.2305 - Open Price Term; Fixed Price.

Section 440.2306 - Output of Seller; Requirement of Buyer; Exclusive Dealing.

Section 440.2307 - Delivery in Single Lot or Several Lots; Payment.

Section 440.2308 - Place for Delivery of Goods and Documents of Title.

Section 440.2309 - Time of Performance; Contract Termination.

Section 440.2310 - Open Time and Place for Payment or Running of Credit; Shipment Under Reservation; Inspection.

Section 440.2311 - Specification of Performance; Assortment and Shipment of Goods; Remedies.

Section 440.2312 - Warranties of Title; Freedom From Liens.

Section 440.2313 - Creation of Express Warranties by Seller.

Section 440.2313b - Express Warranty; Extension; Merchant or Warrantor to Give Purchaser Writing Stating Time Period.

Section 440.2314 - Implied Warranty; Merchantability, Course of Dealing, Usage of Trade.

Section 440.2315 - Implied Warranty; Fitness for Particular Purpose.

Section 440.2316 - Words or Conduct Relevant to Creation of Express Warranty and Tending to Negate or Limit Warranty; Construction; Excluding or Modifying Implied Warranty of Merchantability and Implied Warranty of Fitness; Language; Example; Limitin...

Section 440.2317 - Warranties; Cumulation and Conflict.

Section 440.2318 - Warranties; Third Party Beneficiaries.

Section 440.2319 - f.o.b. and f.a.s. Terms.

Section 440.2320 - c.i.f. and C. & F. Terms.

Section 440.2321 - c.i.f. and C. & F. Terms, Net Landed Weights, Delivered Weights, Out Turn; Warranty of Condition on Arrival, Inspection Before Payment.

Section 440.2322 - Delivery Exship.

Section 440.2323 - Overseas Shipment; Bill of Lading, Form.

Section 440.2324 - No Arrival, No Sale Terms.

Section 440.2325 - Letter of Credit or Banker's Credit; Confirmed Credit; Definitions.

Section 440.2326 - Transaction as “Sale on Approval” or “Sale or Return” if Delivered Goods Returnable by Buyer; Claims of Creditors; Effect of “Or Return” Term of Contract for Sale; Work of Fine Art Not Subject to Claims of Art Dealer's Creditors; “...

Section 440.2327 - Sale on Approval; Sale or Return; Special Incidents.

Section 440.2328 - Sale by Auction; Sale With Reserve; Forced Sale.