§ 2313. Express warranties by affirmation, promise, description
or sample.
(a) General rule.--Express warranties by the seller are created as follows:
(1) Any 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.
(2) Any 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.
(3) Any 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.
(b) Formal words or specific intent unnecessary.--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 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 opinion of the seller or commendation of the goods does not create a warranty.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 23 - General Obligation and Construction of Contract
Section 2301 - General obligations of parties
Section 2302 - Unconscionable contract or clause
Section 2303 - Allocation or division of risks
Section 2304 - Price payable in money, goods, realty or otherwise
Section 2305 - Open price term
Section 2306 - Output, requirements and exclusive dealings
Section 2307 - Delivery in single lot or several lots
Section 2308 - Absence of specified place for delivery
Section 2309 - Absence of specific time provisions; notice of termination
Section 2310 - Open time for payment or running of credit; authority to ship under reservation
Section 2311 - Options and cooperation respecting performance
Section 2312 - Warranty of title and against infringement; obligation of buyer against infringement
Section 2313 - Express warranties by affirmation, promise, description or sample
Section 2314 - Implied warranty: merchantability; usage of trade
Section 2315 - Implied warranty: fitness for particular purpose
Section 2316 - Exclusion or modification of warranties
Section 2317 - Cumulation and conflict of warranties express or implied
Section 2318 - Third party beneficiaries of warranties express or implied
Section 2319 - F.O.B. and F.A.S. terms
Section 2320 - C.I.F. and C. & F. terms
Section 2322 - Delivery "ex-ship."
Section 2323 - Form of bill of lading required in overseas shipment; "overseas."
Section 2324 - "No arrival, no sale" term
Section 2325 - "Letter of credit" term; "confirmed credit."
Section 2326 - Sale on approval and sale or return; rights of creditors
Section 2327 - Special incidents of sale on approval and sale or return