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Haw. Rev. Stat. § 490:2-313

Express warranties by affirmation, promise, description, sample

Known as the Uniform Commercial Code

The act spans §§ 490–490 (641 sections).

Applied in 2 court decisions — leading case 137 F. Supp. 3d 430 - Martin Hilti Family Trust v. Knoedler Gallery, LLC (2015)

Most recently applied in Maeda v. Pinnacle Foods Inc. (May 2019)

L 1965, c 208, §2-313; HRS §490:2-313

(1) Express warranties by the seller are created as follows:

(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.

(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.

(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.

(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 he 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.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.