§490:2-313  Express warranties by
affirmation, promise, description, sample.  (1)  Express warranties by the
seller are created as follows:



(a) 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.



(b) 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.



(c) 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.



(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 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. [L 1965, c 208, §2-313; HRS §490:2-313]



 



Case Notes



 



  The foundation of every express warranty provision is
the core description; defendant offered an express warranty on the artwork. 
745 F. Supp. 1556.



  Plaintiff alleged facts sufficient to state a claim for
breach of an express warranty, where plaintiff purchased an automobile covered
by a written warranty that plaintiff claimed defendant breached in violation of
federal and state law.  459 F. Supp. 2d 1028.



  A breach of express warranty action could be a basis for a
derivative wrongful death action brought pursuant to §663-3.  86 H. 383 (App.),
949 P.2d 1004.



  Reliance is not an essential element of a breach of express
warranty claim under the UCC.  86 H. 383 (App.), 949 P.2d 1004.



  Seller's contractual description of crane as being equipped
with 30-inch-wide treads was part of basis of bargain with buyer, and
constituted an express warranty which seller breached when it delivered crane
with 24-inch-wide treads.  86 H. 383 (App.), 949 P.2d 1004.



  Under the UCC, a seller's statements to a buyer regarding
goods sold, made during the bargaining process, are presumptively part of the
basis of the bargain between seller and buyer; thus burden is on seller to
prove that resulting bargain did not rest at all on seller's statements.  86 H.
383 (App.), 949 P.2d 1004.



  Where no evidence that advertisements were given to buyer as
part of bargaining process, were part of contract documents, or that buyer read
or was even aware of advertisements, advertisements did not become part of
basis of the bargain amounting to an express warranty.  86 H. 383 (App.), 949
P.2d 1004.