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The U.C.C. provides that express warranties may arise in a number of circumstances:

  • Any promise relating to the goods is deemed to be an express warranty.[1] The promise need not use the words "warranty" or "guarantee."[2]
  • Express warranties may arise when a vendor provides a sample product, such as demo or trial version of software. If a buyer relies on the trial version of software as a basis for acquiring the full-featured product, the purchased product will carry an express warranty that it will conform to the sample, unless disclaimed in an enforceable agreement.[3]
  • A description of goods upon which the buyer relies may become an express warranty.[4] A statement by the vendor as to a product's quality, its price, or other factors on which a buyer might rely could become part of the agreement.


  1. U.C.C. §2-313(1).
  2. Id. §2-313(2).
  3. Id. §2-313(1)(c).
  4. Id. §2-313(b).