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The Uniform Commercial Code is a helpful tool in the United States. Although it isn’t federal law, most states have adopted the entirety of the system to encourage regulation during commercial transactions. There are several articles in the code and additional regulations within these articles. One is UCC 2-313. What is covered in this section?
UCC 2-313 deals with “Express Warranties by Affirmation, Promise, Description, and Sample”. It works around regulating express warranties when they appear during the sale of goods.
If you’re curious and want to learn more about UCC 2-313, you’re in the right place. It’s an excellent idea to become familiar with legal terms in the Uniform Commercial Code, whether you’re a fascinated law student or getting ready to partake in a commercial transaction in the United States. Read on to learn more about this section.
What Is UCC 2-313?
UCC 2-313 is a valuable section of Article 2 in the Uniform Commercial Code. It handles the “Express Warranties by Affirmation, Promise, Description, and Sample”. In essence, this area of the valuable governing system will assist with express warranties and how they function in the sale of goods.
You will find UCC 2-313 in the section of the Uniform Commercial Code labeled “General Obligations and Construction of Contract.” In this area, implied and express warranties are handled for use in commercial transactions.
Understanding express warranties is a valuable thing to consider in UCC 2-313. The more you know, the easier it will be to create one in the event of a necessary commercial transaction. Next, let’s talk about the creation of an express warranty.
Creation of Express Warranties
If a seller makes a promise or an affirmation that is related to things like the characteristics, features, or general quality of the goods and they impact the description used by the individual buying the item, the seller must offer an express warranty. This warranty brings protection for the buyer.
Many times, a description of a product is what the seller uses to determine whether or not they will invest in the goods. An express warranty is necessary in these instances under the Uniform Commercial Code.
This item is also valid if a seller offers a sample of the goods brought to the buyer. Alternatively, they could offer a model that the buyer uses to determine if they want to purchase. An express warranty is necessary here, too.
How Does UCC 2-313 Function?
There are two articles involved in UCC 2-313. Each plays a valuable role.
The articles include the following:
- __UCC 2-313 (1): __This section deals with the creation of express warranties from a seller. It details this process in three individual paragraphs.
- __UCC 2-313 (2): __This section handles the nature of the affirmation from the seller of the warranty.
These make up the entire system.
Let’s dive into the specific items UCC 2-313 uses to function. The better you understand each section of UCC 2-313, the easier it will be to see how express contracts come into play during a commercial transaction.
The affirmation of a fact or promise is core to the Uniform Commercial Code 2-313. It reveals that if a seller makes a promise to the buyer that deals with the quality of the goods based on how they negotiated with each other, an express warranty comes to life under the Uniform Commercial Code.
This express warranty must ensure the goods will conform to whatever promise is made by the seller. The UCC completes this process to ensure the buyer will remain safe and receive the product they are owed during their commercial transaction.
This section also offers advice on how the courts should handle various interactions between the seller and buyer of the product. For the express warranty to come to life, the seller is not required to use words like “I warrant that” and so on.
The only thing a seller must do to create an express warranty indicates that the sold goods have specific characteristics and qualities. Once they do, the regulation comes to life even if they did not intend to form it.
There is typically a description of the goods the buyer is purchasing from the seller. The Uniform Commercial Code states that if the seller gives the person investing a snippet that the buyer uses to determine if it’s worth their money, then an express warranty must be revealed.
This express warranty ensures the buyers get what they are promised in the description. Once the rule goes to work, the seller must deliver on what was promised to the buyer in the initial description. It keeps everything and everyone in line.
Model (Or Sample)
Finally, there is the model or sample involved. Many times, a seller will provide a model or sample to the buyer to give them an idea of the product they will receive if they order from the merchant’s business. An express warranty may come to life if the seller decides to take this route to entice the buyer towards their offering.
With the creation of an express warranty, the seller is held to stricter standards under the Uniform Commercial Code. What they send to the buyer must match the model or sample provided at the beginning of the transaction process. If it doesn’t, there could be trouble for the seller.
Critical Considerations For UCC 2-313
UCC 2-313 deals with forming an express warranty under the Uniform Commercial Code. It’s a valuable section to consider.
UCC 2-313 comes to life, and the seller must exist under an express warranty if the following occurs:
- A promise
- A description of the goods provided
- An affirmation of various facts surrounding the goods
- A model is provided
- A sample is provided
These indicate an express warranty.
If the seller promises anything about a product related to its looks or features, they are likely bound to an express warranty under the UCC. It’s an effective governing law.
Reference Legal Explanations
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"What Is UCC 2-313?". Legal Explanations. Accessed on February 25, 2024. https://legal-explanations.com/blog/what-is-ucc-2-313/.
"What Is UCC 2-313?". Legal Explanations, https://legal-explanations.com/blog/what-is-ucc-2-313/. Accessed 25 February, 2024
What Is UCC 2-313?. Legal Explanations. Retrieved from https://legal-explanations.com/blog/what-is-ucc-2-313/.