8.2-313 - Express warranties by affirmation, promise, description, sample.
§ 8.2-313. 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 whichrelates to the goods and becomes part of the basis of the bargain creates anexpress 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 thebargain creates an express warranty that the goods shall conform to thedescription.
(c) Any sample or model which is made part of the basis of the bargaincreates an express warranty that the whole of the goods shall conform to thesample or model.
(2) It is not necessary to the creation of an express warranty that theseller use formal words such as "warrant" or "guarantee" or that he havea specific intention to make a warranty, but an affirmation merely of thevalue of the goods or a statement purporting to be merely the seller'sopinion or commendation of the goods does not create a warranty.
(1964, c. 219.)