30-2A-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 that 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 that 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: En. Sec. 25, Ch. 410, L. 1991.
Structure Montana Code Annotated
Chapter 2A. Uniform Commercial Code Leases
Part 2. Formation and Construction of Lease Contract
30-2A-202. Final written expression -- parol or extrinsic evidence
30-2A-204. Formation in general
30-2A-206. Offer and acceptance in formation of lease contract
30-2A-207. Course of performance or practical construction
30-2A-208. Modification, rescission, and waiver
30-2A-209. Lessee under finance lease as beneficiary of supply contract
30-2A-212. Implied warranty of merchantability
30-2A-213. Implied warranty of fitness for particular purpose
30-2A-214. Exclusion or modification of warranties
30-2A-215. Cumulation and conflict of warranties express or implied
30-2A-216. Third-party beneficiaries of express and implied warranties
30-2A-218. Insurance and proceeds