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Me. Rev. Stat. tit. 11, § 2-313

Express warranties by affirmation, promise, description, sample

Known as the Uniform Commercial Code

The act spans §§ 2–9 (548 sections).

Applied in 4 court decisions — leading case Sullivan v. Young Bros. (1996)

Most recently applied in In re Rust-Oleum Restore Marketing, Sales Practices & Products Liability Litigation (January 2016)

PL 1973, c. 762, §9 (AMD).

How often courts cite this section

199620002010201620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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. In the case of consumer goods sold by a merchant with respect to such goods, the description affirms that the goods are fit for the ordinary purposes for which such goods are used.

(c). Any sample or model which is made part of the basis of the bargain creates an express warranty that 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: Maine Legislature. Reproduced from public-domain Maine statutes; confirm against the official source for the current text. Not legal advice.