Michigan Compiled Laws
174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)
Section 440.2860 - Express Warranties; Creation.

Sec. 2A210.
(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: Add. 1992, Act 101, Eff. Sept. 30, 1992

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 440 - Uniform Commercial Code

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

Article 2A - Leases (440.2801...440.2982)

174-1962-2A-2 - Part 2 Formation and Construction of Lease Contract (440.2851...440.2871)

Section 440.2851 - Lease Contract; Enforcement by Action or Defense; Conditions; Sufficiency of Description or Writing; Determination of Term.

Section 440.2852 - Final Written Expression; Parol or Extrinsic Evidence.

Section 440.2853 - Effect of Seal Affixed to Writing.

Section 440.2854 - Lease Contract; Sufficiency to Show Agreement; Conduct; Open Terms.

Section 440.2855 - Firm Offer; Assurances to Hold Offer Open.

Section 440.2856 - Offer to Make Lease Contract; Manner of Acceptance; Lapse.

Section 440.2857 - Repealed. 2012, Act 86, Eff. July 1, 2013.

Section 440.2858 - Lease Agreement; Modification or Rescission; Waiver; Retraction.

Section 440.2859 - Supply Contract; Extension of Benefits of Supplier Promises and of Warranties to Lessee; Limitations; Effect of Modification or Rescission; Retention of Rights.

Section 440.2860 - Express Warranties; Creation.

Section 440.2861 - Warranty Against Claim or Interest in Goods; Claim by Way of Infringement; Specifications Furnished by Lessee.

Section 440.2862 - Implied Warranty of Merchantability; Other Implied Warranties.

Section 440.2863 - Implied Warranty of Fitness for a Particular Purpose.

Section 440.2864 - Limiting, Negating, Excluding, or Modifying Warranties; Construction of Words or Conduct.

Section 440.2865 - Inconsistent Warranties; Intent; Rules of Construction.

Section 440.2866 - Warranty; Extension to Persons in Family, Household, or to Guest; Exclusion, Modification, or Limitation.

Section 440.2867 - Lease Contract; Identification of Goods; Absence of Explicit Agreement.

Section 440.2868 - Lease Contract; Insurable Interest in Goods.

Section 440.2869 - Risk of Loss; Passage to Lessee.

Section 440.2870 - Risk of Loss; Repudiation; Default.

Section 440.2871 - Casualty to Identified Goods Before Delivery or Risk of Loss Passes.