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§7.17 Uniform Commercial Code (UCC)—Express Warranty

 
Lesson 7:
Consumer
Protection
& Warranties

The state UCC imposes some general warranties applicable to consumer transactions. [See Com C §§2312 et seq.] They apply to sales of both new and used products but do not apply to sales of services. Like the Song-Beverly Consumer Warranty Act, these warranties can be either express or implied or both, depending on the facts and applicable law.

A Commercial Code express warranty is any promise or affirmation of a fact made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain. The promise or affirmation of fact creates an express warranty that the goods will conform to the promise or affirmation. A description of the goods that is part of the basis of the bargain creates an express warranty that the goods will conform to the description. [Com C §2313(1)(a)–(b).] This definition is more all-encompassing than the Song-Beverly Act definition of express warranty.

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Words such as “warrant” or “guarantee” are not necessary to create a Commercial Code express warranty, nor does the seller have to specifically intend to make a warranty. [Com C §2313(2).] The key to the creation of an express warranty is that the seller’s statements must become part of the basis of the bargain. But no particular reliance on such statements need be shown; the burden is on the seller to prove nonreliance on a statement actually made by the seller to the buyer during negotiations. [Hauter v Zogarts (1975) 14 C3d 104, 115–116; Official Comment 3 to Com C §2313.]

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