2021 Georgia Code
Title 11 - Commercial Code
Article 2 - Sales
Part 3 - General Obligation and Construction of Contract
§ 11-2-313. Express Warranties by Affirmation, Promise, Description, Sample

1. Express warranties by the seller are created as follows:

1. 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.
2. 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.
3. 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.

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.

(Code 1933, § 109A-2 - 313, enacted by Ga. L. 1962, p. 156, § 1.)

- Misbranding of pesticides, § 2-7-53.

Labeling of fertilizer, § 2-12-6.

False or misleading statements or claims made in regard to agricultural liming materials, § 2-12-45.

Misrepresentations made in regard to soil amendments, § 2-12-77.

Misbranding of commercial feed, § 2-13-9.

Standards for, labeling of, etc., food generally, Ch. 2, T. 26.

Civil action for knowing or negligent selling of unwholesome provisions, drugs, alcoholic beverages, etc., to another person by use of which damage results to purchaser or his family, § 51-1-23 et seq.

- For article, "Sales Warranties Under Georgia's Uniform Commercial Code," see 1 Ga. St. B.J. 191 (1964). For article discussing aspects of third party practice (impleader) under the Georgia Civil Practice Act, see 4 Ga. St. B. J. 355 (1968). For article, "Consumer Protection Against Sellers Misrepresentations," see 20 Mercer L. Rev. 414 (1969). For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970). For article discussing the implied warranty of fitness for a particular purpose, see 9 Ga. L. Rev. 149 (1974). For article, "Products Liability Law in Georgia: Is Change Coming?" see 10 Ga. St. B.J. 353 (1974). For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B.J. 409 (1974). For article discussing ex parte rescission of sales contract for fraud and suit for fraud and deceit, in light of City Dodge, Inc. v. Gardner, 232 Ga. 766, 208 S.E.2d 794 (1974), see 11 Ga. St. B.J. 172 (1975). For article discussing modification of consumer warranty provisions of the U.C.C. by the Magnuson-Moss Act (15 U.S.C. §§ 2301-2312) with special emphasis on attempted disclaimers, see 27 Mercer L. Rev. 1111 (1976). For article, "Buyer's Right of Rejection: A Quarter Century Under the Uniform Commercial Code, and Recent International Developments," see 13 Ga. L. Rev. 805 (1979). For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979). For article, "Contractual Limitations of Remedy and the Failure of Essential Purpose Doctrine," see 26 Ga. St. B.J. 113 (1990). For article, "Products Liability Law in Georgia Including Recent Developments," see 43 Mercer L. Rev. 27 (1991). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999). For article, "Do's and Don'ts When Handling a Product Liability Matter in Georgia," see 25 Ga. St. B.J. 17 (Aug. 2019). For note, "The Law of Evidence in the Uniform Commercial Code," see 1 Ga. L. Rev. 44 (1966). For note, "Does the National Childhood Vaccine Injury Compensation Act Really Prohibit Design Defect Claims?: Examining Federal Preemption in Light of American Home Products Corp. v. Ferrari," see 26 Ga. St. U.L. Rev. 617 (2010). For note, "Amazon's Invincibility: The Effect of Defective Third-Party Vendors' Products on Amazon," see 53 Ga. L. Rev. 1215 (2019). For comment on Redfern Meats, Inc. v. Hertz Corp., 134 Ga. App. 381, 215 S.E.2d 10 (1975), see 27 Mercer L. Rev. 347 (1975).

ANALYSIS

• General Consideration
• Applicability
• Evidence

RESEARCH REFERENCES

Am. Jur. 2d.

- 63 Am. Jur. 2d, Products Liability, § 675 et seq. 67A Am. Jur. 2d, Sales, §§ 723-742.

20A Am. Jur. Pleading and Practice Forms, Products Liability, § 46.

- 77A C.J.S., Sales, § 242 et seq.

- Uniform Commercial Code (U.L.A.) § 2-313.

- Warranties and conditions upon sale of seeds, nursery stock, etc., 16 A.L.R. 859; 32 A.L.R. 1241; 62 A.L.R. 451; 117 A.L.R. 470; 168 A.L.R. 581.

Right of dealer against his vendor in case of breach of warranty as to article purchased for resale and resold, 22 A.L.R. 133; 64 A.L.R. 883.

Resale by buyer where seller has refused to receive the property rejected for breach of warranty, 24 A.L.R. 1445.

Loss of profits as elements of damages for fraud of seller, as to quality of goods purchased for resale, 28 A.L.R. 354.

Validity and effect of provision in contract of sale which, in effect, guarantees the buyer against decline in prices, 29 A.L.R. 112.

Express or implied warranty on sale for accommodation of buyer, 32 A.L.R. 1150; 59 A.L.R. 1541.

Warranty or condition as to kind or quality implied by sale under trade term which by use has become generic, 35 A.L.R. 249.

Express or implied warranty of quality, condition, or fitness of automobile or truck sold by retail dealer, 43 A.L.R. 648.

Implied warranty or condition as to quality of timber or lumber, 52 A.L.R. 1536.

Right of retailer to rely upon express or implied warranty by wholesaler or manufacturer where there is an express warranty to the consumer, 59 A.L.R. 1239.

Construction and effect of express or implied warranty on sale of an article intended for use as an explosive, 62 A.L.R. 1510.

Liability of manufacturer or packer of defective article for injury to person or property of ultimate consumer who purchased from middleman, 105 A.L.R. 1502; 111 A.L.R. 1239; 140 A.L.R. 191; 142 A.L.R. 1490.

Warranty of title by seller in conditional sale contract, 132 A.L.R. 338.

Implied warranty of quality, condition, or fitness on sale of secondhand article, 151 A.L.R. 446.

Seller's advertisements as affecting rights of parties to sale of personal property, 158 A.L.R. 1413.

Law of sales and liability in respect thereof as applied to transactions in self-service stores, 163 A.L.R. 238.

Intervening purchaser's knowledge of defects in or danger of article, or failure to inspect therefor, as affecting liability of manufacturer or dealer for personal injury or property damage to subsequent purchaser or other third person, 164 A.L.R. 371.

Express warranty as excluding implied warranty of fitness, 164 A.L.R. 1321.

Assignability of warranty of goods and chattels, 17 A.L.R.2d 1196.

Recovery by contractor or artisan, suing for breach of warranty, of damages for loss of good will occasioned by use in his business of unfit materials, 28 A.L.R.2d 591.

Measure and elements of recovery of buyer rescinding sale of domestic animal for seller's breach of warranty, 35 A.L.R.2d 1273.

Statute of frauds as applicable to seller's oral warranty as to quality or condition of chattel, 40 A.L.R.2d 760.

Form and substance of notice which buyer of goods must give in order to recover damages for seller's breach of warranty, 53 A.L.R.2d 270.

Statements in advertisements as affecting manufacturer's or seller's liability for injury caused by product sold, 75 A.L.R.2d 112.

Liability of manufacturer or seller for injury caused by food or food product sold, 77 A.L.R.2d 7.

Liability of manufacturer or seller for injury caused by beverage sold, 77 A.L.R.2d 215.

Liability of manufacturer or seller for injury caused by automobile or other vehicle, aircraft, boat, or their parts, supplies, or equipment, 78 A.L.R.2d 460; 81 A.L.R.3d 318; 97 A.L.R.3d 627; 1 A.L.R.4th 411; 3 A.L.R.4th 489; 5 A.L.R.4th 483.

Liability of manufacturer or seller for injury caused by industrial, business, or farm machinery, tools, equipment, or materials, 78 A.L.R.2d 594; 2 A.L.R.4th 262.

Liability of manufacturer or seller for injury caused by paint, cement, lumber, building supplies, ladders, small tools, and like products, 78 A.L.R.2d 696; 84 A.L.R.3d 877.

Liability of manufacturer or seller for injury caused by toys, games, athletic or sports equipment, or like products, 78 A.L.R.2d 738; 95 A.L.R.3d 390.

Liability of manufacturer or seller for injury caused by firearms, explosives, and flammables, 80 A.L.R.2d 488; 94 A.L.R.3d 291; 15 A.L.R.4th 909; 18 A.L.R.4th 206.

Liability of manufacturer or seller for injury caused by household and domestic machinery, appliances, furnishings, and equipment, 80 A.L.R.2d 598; 89 A.L.R.3d 210; 93 A.L.R.3d 99; 1 A.L.R.4th 748.

Liability of manufacturer or seller for injury caused by clothing, shoes, combs, and similar products, 80 A.L.R.2d 702.

Liability of auctioneer or clerk to buyer as to title, condition, or quality of property sold, 80 A.L.R.2d 1237.

Construction and effect of standard new motor vehicle warranty, 99 A.L.R.2d 1419.

Seller's duty to test or inspect as affecting his liability for product-caused injury, 6 A.L.R.3d 12.

Liability for representations and express warranties in connection with sale of used motor vehicle, 36 A.L.R.3d 125.

Sales: liability for warranty or representation that article, other than motor vehicle, is new, 36 A.L.R.3d 237.

Application of warranty provisions of Uniform Commercial Code to bailments, 48 A.L.R.3d 668.

Necessity and propriety of instructing on alternative theories of negligence or breach of warranty, where instruction on strict liability in tort is given in products liability case, 52 A.L.R.3d 101.

Liability of builder or subcontractor for insufficiency of building resulting from latent defects in materials used, 61 A.L.R.3d 792.

Contracts for artificial insemination of cattle, 61 A.L.R.3d 811.

Statements on container that enclosed toy, game, sports equipment, or the like, is safe as affecting manufacturer's liability for injury caused by product sold, 74 A.L.R.3d 1298.

Products liability: liability for injury or death allegedly caused by defective tires, 81 A.L.R.3d 318.

Products liability: liability for injury or death allegedly caused by defect in snowmobile or other recreational-purpose vehicle, 81 A.L.R.3d 394; 66 A.L.R.4th 622.

Products liability: liability for injury or death allegedly caused by defect in mobile home or trailer, 81 A.L.R.3d 421.

Liability of manufacturer, seller, or installer for personal injury caused by door glass, 84 A.L.R.3d 877.

Liability of manufacturer or seller for personal injury or property damage caused by television set, 89 A.L.R.3d 210.

Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.

Elements and measure of damages for breach of warranty in sale of horse, 91 A.L.R.3d 419.

Products liability: stoves, 93 A.L.R.3d 99.

What constitutes "affirmation of fact" giving rise to express warranty under UCC § 2-313(1)(a), 94 A.L.R.3d 729.

Liability of packer, foodstore, or restaurant for causing trichinosis, 96 A.L.R.3d 451.

Products liability: personal injury or death allegedly caused by defect in aircraft or its parts, supplies, or equipment, 97 A.L.R.3d 627.

Products liability: liability of manufacturer or seller for injury or death caused by defect in boat or its parts, supplies, or equipment, 1 A.L.R.4th 411.

Products liability: defective heating equipment, 1 A.L.R.4th 748.

Products liability: industrial accidents involving conveyor belts or systems, 2 A.L.R.4th 262.

Construction and effect of new motor vehicle warranty limiting manufacturer's liability to repair or replacement of defective parts, 2 A.L.R.4th 576.

Products liability: defective vehicular windows, 3 A.L.R.4th 489.

Products liability: farm machinery, 4 A.L.R.4th 13.

Products liability: glue and other adhesive products, 7 A.L.R.4th 155.

Products liability: elevators, 7 A.L.R.4th 852.

Products liability: industrial presses, 8 A.L.R.4th 70.

Products liability: transformer and other electrical equipment, 10 A.L.R.4th 854.

Products liability: fertilizers, insecticides, pesticides, fungicides, weedkillers, and the like, or articles used in application thereof, 12 A.L.R.4th 462.

Products liability: cranes and other lifting apparatuses, 13 A.L.R.4th 476.

Products liability: cement and concrete, 15 A.L.R.4th 1186.

Products liability: tire rims and wheels, 16 A.L.R.4th 137.

Products liability: firefighting equipment, 19 A.L.R.4th 326.

Products liability: stud guns, staple guns, or parts thereof, 33 A.L.R.4th 1189.

Products liability: household appliances relating to cleaning, washing, personal care, and water supply, quality, and disposal, 34 A.L.R.4th 95.

Products liability: household equipment relating to storage, preparation, cooking, and disposal of food, 35 A.L.R.4th 663.

Products liability: home and office furnishings, 36 A.L.R.4th 170.

Computer sales and leases: breach of warranty, misrepresentation, or failure of consideration as defense or ground for affirmative relief, 37 A.L.R.4th 110.

Affirmations or representations made after the sale is closed as basis of warranty under UCC § 2-313(1)(a), 47 A.L.R.4th 189.

Products liability: personal soap, 54 A.L.R.4th 574.

Liability of successor corporation for punitive damages for injury caused by predecessor's product, 55 A.L.R.4th 166.

Products liability: sufficiency of evidence to support product misuse defense in actions concerning lawnmowers, 55 A.L.R.4th 1062.

Products liability: building and construction lumber, 61 A.L.R.4th 121.

Liability of manufacturer of oral live polio (Sabin) vaccine for injury or death from its administration, 66 A.L.R.4th 83.

Liability for injury incurred in operation of power golf cart, 66 A.L.R.4th 622.

Products liability: industrial refrigerator equipment, 72 A.L.R.4th 90.

Products liability: scaffolds and scaffolding equipment, 74 A.L.R.4th 904.

Products liability: tractors, 75 A.L.R.4th 312.

Products liability: bicycles and accessories, 76 A.L.R.4th 117.

Products liability: exercise and related equipment, 76 A.L.R.4th 145.

Products liability: trampolines and similar devices, 76 A.L.R.4th 171.

Products liability: competitive sports equipment, 76 A.L.R.4th 201.

Products liability: skiing equipment, 76 A.L.R.4th 256.

Products liability: general recreational equipment, 77 A.L.R.4th 1121.

Products liability: mechanical amusement rides and devices, 77 A.L.R.4th 1152.

Products liability: lubricating products and systems, 80 A.L.R.4th 972.

Liability for injury or death allegedly caused by spoilage or contamination of beverage, 87 A.L.R.4th 804.

Liability for injury or death allegedly caused by foreign substance in beverage, 90 A.L.R.4th 12.

Liability for injury or death allegedly caused by foreign object in food or food product, 1 A.L.R.5th 1.

Liability for injury or death allegedly caused by spoilage, contamination, or other deleterious condition of food or food product, 2 A.L.R.5th 1.

Liability for injury or death allegedly caused by food product containing object related to, but not intended to be present in, product, 2 A.L.R.5th 189.

Products liability: roofs and roofing materials, 3 A.L.R.5th 851.

Products liability: prefabricated buildings, 4 A.L.R.5th 667.

Purchaser's disbelief in, or nonreliance upon, express warranties made by seller in contract for sale of business as precluding action for breach of express warranties, 7 A.L.R.5th 841.

Products liability: cigarettes and other tobacco products, 36 A.L.R.5th 541.

Products liability: theatrical equipment and props, 42 A.L.R.5th 699.

Breach of warranty in sale, installation, repair, design, or inspection of septic or sewage disposal systems, 50 A.L.R.5th 417.

Products liability: ladders, 81 A.L.R.5th 245.

Statement in advertisements, product brochures or other promotional materials as constituting "affirmation of fact" giving rise to express warranty under UCC § 2-313(1)(a), 83 A.L.R.6th 1.

Statement in product packaging, user manuals, or other product documentation as constituting "affirmation of fact" giving rise to express warranty under UCC § 2-313(1)(a), 84 A.L.R.6th 1.

Oral Statement as constituting "affirmation of fact" giving rise to express warranty under UCC § 2-313(1)(a), 88 A.L.R.6th 1.

Statement in contract proposals, contract correspondence, or contract itself as constituting "affirmation of fact" giving rise to express warranty under U.C.C. § 2-313(1)(a), 94 A.L.R.6th 1.

Federal preemption of state common-law products liability claims pertaining to medical devices, implants, and other health-related items, 74 A.L.R. Fed. 2d 1.