Ariz. Rev. Stat. » Title 47

Ariz. Rev. Stat. § 47-2313

Express warranties by affirmation, promise, description, sample

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A. 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.

B. 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.

Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1985–2023 · leading case: Dillon v. Zeneca Corp.
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Dillon v. Zeneca Corp. (2002) arizctapp · cites it 3× “They specifically point to a portion of the label about conditions of sale and limited warranty that states in pertinent part: “The Directions for Use of this product are believed to be reliable and should be followed carefully.”
Ramirez v. Medtronic Inc. (2013) azd · cites it 2× “2002) (citing Ariz.Rev.Stat. § 47-2313(A)). Arizona law has recognized that a claim for breach of express warranty can arise out of an advertisement.”
Raatz v. Dealer Trade Inc. (2017) azd · cites it 14× “Was An Express Warranty Created? The parties disagree on whether a seller’s representation of the mileage of a vehicle constitutes an express warranty under A.R.S. § 47-2313. An express warranty is created if four elements are met: (1) any affirmation of fact; (2) made by the…”
Nomo Agroindustrial Sa De CV v. Enza Zaden North America, Inc. (2007) azd · cites it 12× “”); A.R.S. § 47-2313 Comment 1(“ ‘Express warranties rest on ‘dickered’ aspects of the individual bargain, and go so clearly to the essence of that bargain that words of disclaimer in a form are repugnant to the basic dickered terms.”
In re Horizon Organic Milk Plus Dha Omega-3 Marketing & Sales Practice Litigation (2013) flsd · cites it 2× ““Under Arizona law, to create an express warranty, a seller must provide an ‘affirmation of fact or promise,’ ‘a description of the goods,’ or ‘a sample or model’ that becomes ‘part of the basis of the bargain.’ ” Welch v.”
Arvizu v. Medtronic Inc. (2014) azd · cites it 2× “2002) (quoting A.R.S. § 47-2313(A)). Of course, “any affirmation that forms the basis of an express warranty must be between the seller and the buyer.”
Elson v. Black (2023) ca5 “; Breach of Express Warranty, Ariz. Rev. Stat. §§ 47-2313 & 47-2A210; Florida Unfair & Deceptive Trade 2 Case: 21-20349 Document: 00516599127 Page: 3 Date Filed: 01/05/2023 No.”
Wagner v. Rao (1994) arizctapp · cites it 2× “See A.R.S. §§ 47-2313 and 47-2316(A) (Arizona Uniform Commercial Code provisions governing creation and exclusion of express warranties).”
Drew v. United Producers & Consumers Cooperative (1989) ariz · cites it 2× “Drew pleads a wrong recognized by the UCC (breach of express and implied warranty, see A.R.S. § 47-2313 through § 47-2315) and seeks economic damages provided by the UCC for that wrong {see A.”
In Re Minnesota Breast Implant Litigation (1998) mnd “§ 47-2103 then defines "seller" as "a person who sells or contracts to sell goods.”
Tri-City Property Management Services, Inc. v. Research Products Corp. (1986) arizctapp · cites it 2× “A.R.S. § 47-2313. “Express warranties rest on ‘dickered’ aspects of the individual bargain, and go .”
Harte v. Stuttgart Autohaus, Inc. (1985) arizctapp · cites it 2× “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"”
Show all 19 citing cases →
— Ariz. Rev. Stat. § 47-2313(A) — 4 cases
Ramirez v. Medtronic Inc. (2013) azd “2002) (citing Ariz.Rev.Stat. § 47-2313(A)). Arizona law has recognized that a claim for breach of express warranty can arise out of an advertisement.”
Arvizu v. Medtronic Inc. (2014) azd “2002) (quoting A.R.S. § 47-2313(A)). Of course, “any affirmation that forms the basis of an express warranty must be between the seller and the buyer.”
In re Horizon Organic Milk Plus Dha Omega-3 Marketing & Sales Practice Litigation (2013) flsd ““Under Arizona law, to create an express warranty, a seller must provide an ‘affirmation of fact or promise,’ ‘a description of the goods,’ or ‘a sample or model’ that becomes ‘part of the basis of the bargain.’ ” Welch v.”
Dillon v. Zeneca Corp. (2002) arizctapp “They specifically point to a portion of the label about conditions of sale and limited warranty that states in pertinent part: “The Directions for Use of this product are believed to be reliable and should be followed carefully.”
— Ariz. Rev. Stat. § 47-2313(A)(1) — 2 cases
In re Horizon Organic Milk Plus Dha Omega-3 Marketing & Sales Practice Litigation (2013) flsd ““Under Arizona law, to create an express warranty, a seller must provide an ‘affirmation of fact or promise,’ ‘a description of the goods,’ or ‘a sample or model’ that becomes ‘part of the basis of the bargain.’ ” Welch v.”
Raatz v. Dealer Trade Inc. (2017) azd “Was An Express Warranty Created? The parties disagree on whether a seller’s representation of the mileage of a vehicle constitutes an express warranty under A.R.S. § 47-2313. An express warranty is created if four elements are met: (1) any affirmation of fact; (2) made by the…”
— Ariz. Rev. Stat. § 47-2313(l) — 1 case
Nomo Agroindustrial Sa De CV v. Enza Zaden North America, Inc. (2007) azd “”); A.R.S. § 47-2313 Comment 1(“ ‘Express warranties rest on ‘dickered’ aspects of the individual bargain, and go so clearly to the essence of that bargain that words of disclaimer in a form are repugnant to the basic dickered terms.”
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