Which statement accurately describes express warranties in the sale of goods under the UCC?

• A. Express warranties arise from a description, a sample, or a model
• B. Express warranties cannot be disclaimed
• C. Express warranties arise only from oral statements
• D. Express warranties may arise from a description, a sample, or a model

Answer: (D)

Express warranties in the sale of goods under the UCC are created when a description of the goods, or a sample or model shown to the buyer, becomes part of the basis of the bargain. The key nuance is the word “may”—such descriptions or samples create an express warranty if they relate to the goods and are relied upon in forming the deal. So a seller describing the goods or presenting a sample or model can bind the seller to conform to that description, even if the statement wasn’t made verbally as a promise. This makes the statement that express warranties may arise from a description, a sample, or a model the most precise and complete description of how these warranties come into existence.