Colo. Rev. Stat. » Title 4
Colorado Revised Statutes

Colo. Rev. Stat. § 4-2-313 (2026)

Express warranties by affirmation, promise, description, sample

✓ current as of July 2026
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(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.

Source: L. 65: p. 1310, § 1. C.R.S. 1963: § 155-2-313.

Cross references: For warranties relating to motor vehicles, see article 10 of title 42.

Notes of Decisions
Cited in 31 cases (7 in the last 5 years), 1975–2026 · leading case: Palmer v. AH Robins Co., Inc., 684 P.2d 187 (Colo. 1984).
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Palmer v. AH Robins Co., Inc., 684 P.2d 187 (Colo. 1984). · cites it 9× “'" Section 4-2-313(1) of the Uniform Commercial Code states: "(a) Any affirmation of fact or promise made by the seller to the buyer which *208 relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the…”
Hawkinson v. AH Robins Co., Inc., 595 F. Supp. 1290 (D. Colo. 1984). · cites it 6× “The plaintiffs claim a breach of express warranty under C.R.S. § 4-2-313, because through advertising materials, labeling, detailmen, and other means, Robins expressly assured that the Daikon Shield was safe and superior to other intrauterine devices.”
Kinard v. Coats Co., Inc., 553 P.2d 835 (Colo. Ct. App. 1976). · cites it 4× “By inadvertence, a phrase pertaining to whether an affirmation of value was a warranty was omitted from the instruction given the jury, which instruction was based on § 4-2-313, C.R.S.1973. Further, the word "sale" was substituted for the word "bargain" in accordance with Colo.”
Loughridge v. Goodyear Tire & Rubber Co., 192 F. Supp. 2d 1175 (D. Colo. 2002). · cites it 4× “2d 989, 993 (1975); Colo.Rev.Stat. § 4-2-313 cmt. 3. Where a buyer alleges the existence of oral warranties prior to execution of the written contract, as well as conduct following the sale such as a commitment to pay for certain repairs which tend to show that warranties were…”
Anderson v. Heron Eng'g Co., 604 P.2d 674 (Colo. 1979). · cites it 3× “On remand, the trial court should give the plaintiffs tendered instruction, phrased in terms of a warranty that the chair lift was “safe,” only if the jury is presented with evidence: (a) that the sales brochure which contained that warranty was seen or otherwise relied on by…”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “Code § 2313 ; Colo. Rev. Stat. § 4-2-313 ; Del. Code tit.”
Am. Saf. Equip. Corp. v. Winkler, 640 P.2d 216 (Colo. 1982). · cites it 6× “Sections 4-2-313 and 318, C.R.S.1973. An express warranty action involves elements of proof different from those required in a strict liability action for product misrepresentation.”
In re Hardieplank Fiber Cement Siding Litig., 284 F. Supp. 3d 918 (D. Me. 2018). · cites it 2× “" Colo. Rev. Stat. § 4-2-313 (1)(a). Statements made in advertising or technical manuals can create express warranties.”
In re Conagra Foods, Inc., 302 F.R.D. 537 (C.D. Cal. 2014). “; (2) Colo.Rev.Stat. § 4-2-313; (2) Colo.Rev.Stat.”
Colorado-Ute Elec. Ass'n, Inc. v. Envirotech Corp., 524 F. Supp. 1152 (D. Colo. 1981). · cites it 2× “§ 4-2-313, C.R.S.1973, Official Comments 3 and 7; Westric Battery Co.”
Shaw v. Gen. Motors Corp., 727 P.2d 387 (Colo. Ct. App. 1986). · cites it 2× “” See § 4-2-313(2), C.R.S. Thus, no warranty was created.”
In re Santa Fe Nat. Tobacco Co. Mktg. & Sales Practices & Prods. Liab. Litig., 288 F. Supp. 3d 1087 (D.N.M. 2017). “" UCC § 2-313(2). Relevant to this Memorandum Opinion and Order, California, Colorado, Florida, Illinois, New Jersey, New Mexico, New York, and North Carolina have adopted the UCC § 2-313.”
Show all 31 citing cases →
— Colo. Rev. Stat. § 4-2-313(1) — 1 case
Palmer v. AH Robins Co., Inc., 684 P.2d 187 (Colo. 1984). “'" Section 4-2-313(1) of the Uniform Commercial Code states: "(a) Any affirmation of fact or promise made by the seller to the buyer which *208 relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the…”
— Colo. Rev. Stat. § 4-2-313(1)(a) — 2 cases
Townsend v. Orange Power Grp., LLC (D. Colo. 2024).
McAuliffe v. Vail Corp., The (D. Colo. 2021).
— Colo. Rev. Stat. § 4-2-313(2) — 3 cases
Palmer v. AH Robins Co., Inc., 684 P.2d 187 (Colo. 1984). “'" Section 4-2-313(1) of the Uniform Commercial Code states: "(a) Any affirmation of fact or promise made by the seller to the buyer which *208 relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the…”
Shaw v. Gen. Motors Corp., 727 P.2d 387 (Colo. Ct. App. 1986). “” See § 4-2-313(2), C.R.S. Thus, no warranty was created.”
McAuliffe v. Vail Corp., The (D. Colo. 2021).
— Colo. Rev. Stat. § 4-2-313(l)(a) — 2 cases
Loughridge v. Goodyear Tire & Rubber Co., 192 F. Supp. 2d 1175 (D. Colo. 2002). “2d 989, 993 (1975); Colo.Rev.Stat. § 4-2-313 cmt. 3. Where a buyer alleges the existence of oral warranties prior to execution of the written contract, as well as conduct following the sale such as a commitment to pay for certain repairs which tend to show that warranties were…”
Glen Peck, Ltd. v. Fritsche, 651 P.2d 414 (Colo. Ct. App. 1981).
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