Sec. 2A.210. EXPRESS WARRANTIES. (a) Express warranties by the lessor are created as follows:
(1) 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.
(2) 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.
(3) 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.
(b) 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.
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Subchapter B. Formation and Construction of Lease Contract
Section 2A.201. Statute of Frauds
Section 2A.202. Final Written Expression; Parol or Extrinsic Evidence
Section 2A.203. Seals Inoperative
Section 2A.204. Formation in General
Section 2A.206. Offer and Acceptance in Formation of Lease Contract
Section 2A.208. Modification, Rescission and Waiver
Section 2A.209. Lessee Under Finance Lease as Beneficiary of Supply Contract
Section 2A.210. Express Warranties
Section 2A.212. Implied Warranty of Merchantability
Section 2A.213. Implied Warranty of Fitness for Particular Purpose
Section 2A.214. Exclusion or Modification of Warranties
Section 2A.215. Accumulation and Conflict of Warranties Express or Implied
Section 2A.216. Third-Party Beneficiaries of Express and Implied Warranties
Section 2A.217. Identification
Section 2A.218. Insurance and Proceeds