☰ Revisor of Missouri

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963 bottom

  400.2-313.  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.

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(L. 1963 p. 503 § 2-313)


---- end of effective   28 Aug 1963 ----

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