Wisconsin § 402.313 - Express warranties by affirmation, promise, description, sample.

§ 402.313. Express warranties by affirmation, promise, description, sample.

402.313(1) (1) Express warranties by the seller are created as follows: 402.313(1)(a) (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. 402.313(1)(b) (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. 402.313(1)(c) (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. 402.313(2) (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 the seller 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. 402.313 History History: 1991 a. 316 . 402.313 Annotation Discussing express warranties. Ewers v. Eisenzopf, 88 Wis. 2d 482 , 276 N.W.2d 802 (1979). 402.313 Annotation Nothing in this section exempts promises to repair and replace defective parts from the definition of express warranty. That makes sense because a promise to repair and replace does not change the character of a warranty but rather the remedy available to the consumer. Most motor vehicle warranties limit a buyer’s remedy to repair or replacement. Bryant v. BMW of North America LLC, 585 F. Supp. 3d 1178 (2022). 402.313 Annotation Strict Liability of the Bailor, Lessor and Licensor. Wiseman. 57 MLR 111 (1973).