An express warranty arises from an affirmation of fact or promise about the goods, a description of them, or a sample or model that becomes part of the basis of the bargain. Breach occurs when the goods do not conform.
Statements of opinion or commendation, commonly called puffery, do not create express warranties.
Alternative Names:
Express Warranty Claim
Why it Matters?
Express warranty claims are valuable to plaintiffs because they require no proof of a design or manufacturing defect, only a failure to match what was promised. Marketing materials, specification sheets, and sales representations become the operative documents. The recurring defense arguments are that the statement was puffery, that it did not form part of the basis of the bargain, or that notice of breach was not timely given.
Frequently Confused with
Related terms
Frequently asked questions
What is puffery?
Does the buyer have to prove reliance?
