Delaware Code
6 Del. C. § 2-313 (2026)
Express warranties by affirmation, promise, description, sample
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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 or she 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.
5A Del. C. 1953, §§ 2-313; 55 Del. Laws, c. 349; 70 Del. Laws, c. 186, § 1;Notes of Decisions
Cited in 10
cases (5 in the last 5 years), 1983–2025 · leading case: Guinan v. A.I. Dupont Hosp. for Child., 597 F. Supp. 2d 485 (E.D. Pa. 2009).
Guinan v. A.I. Dupont Hosp. for Child., 597 F. Supp. 2d 485 (E.D. Pa. 2009). “The Delaware UCC provides for three types of warranties arising from the sale of goods: (1) express warranties, see 6 Del. C. § 2-313 (2009); (2) implied warranties of merchantability, see 6 Del.”
Eagle Air Transp., Inc. v. Nat'l Aerotech Aviation Delaware, Inc., 75 F. Supp. 3d 883 (N.D. Ill. 2014). “6 Del. C. § 2-313(1). In the Complaint, Plaintiff claims that Defendants provided two warranties in the Agreement.”
Grigsby v. Crown Cork & Seal Co., 574 F. Supp. 128 (D. Del. 1983). “” 6 Del.C. §§ 2-313, 2-314, 2-315. “Seller” is defined as a “person who sells or contracts to sell goods.”
August v. Hernandez, No. S19C-10-024 RFS (Del. Super. Ct. Jan. 6, 2020). “Plaintiff argues that Defendants are in violation of 6 Del C. § 2-313.’ Plaintiff argues that Defendants promised to use building methods so that Plaintiff would be eligible for the GAF warranty.”
Nicole Robinson v. Robin Drive Auto, LLC, No. CPU4-24-000736 (Del. Ct. Com. Pl. Aug. 19, 2025). “58 6 Del. C. § 2-313 (1)(a). ? 6 Del. C. § 2-313 (2).”
Staging Dimensions, Inc. v. KP Walsh Assocs., Inc., No. CPU4-19-001377, 2020 WL 1428120 (Del. Ct. Com. Pl. Mar. 19, 2020). “” 6 Del. C. § 2-313. 83 Emmons v. Tri Supply & Equip.”
Godreau-Rivera v. Coloplast Corp., 598 F. Supp. 3d 196 (D. Del. 2022). “6 Del. C. § 2-313(1). Defendant contends that Plaintiffs’ breach of express warranty claim fails because there is “no evidence that Coloplast made any express warranties to [Ms.”
Miller v. Leidos, Inc., No. N19C-11-173 EMD (Del. Super. Ct. Oct. 21, 2024). “B at 6 (“It is my understanding that Leidos had responsibility for the installation and setup of the boiler, including the controller, and thus would be responsible for the cause of the event.”
Gilbert, Gwyneth v. Lands' End, Inc., No. 3:19-cv-00823 (W.D. Wis. Aug. 18, 2021). “19, 2020); 6 Del. C. § 2-313(1). Plaintiffs must also prove compliance with any conditions precedent that Lands’ End has imposed with respect to the warranty.”
Ballard Concrete, LLC v. CDE Global, ID, No. N25C-06-142 FJJ (Del. Super. Ct. Nov. 3, 2025). “In the Complaint filed with this court on June 12, 2025, Ballard asserted the following claims against CDE: 1) fraudulent inducement; 2) fraudulent misrepresentation; 3) breach of contract; 4) breach of the implied covenant of good faith and fair dealing; 5) breach of express…”
6 Del. C. § 2-313(1): 3 cases
Eagle Air Transp., Inc. v. Nat'l Aerotech Aviation Delaware, Inc., 75 F. Supp. 3d 883 (N.D. Ill. 2014). “6 Del. C. § 2-313(1). In the Complaint, Plaintiff claims that Defendants provided two warranties in the Agreement.”
Godreau-Rivera v. Coloplast Corp., 598 F. Supp. 3d 196 (D. Del. 2022). “6 Del. C. § 2-313(1). Defendant contends that Plaintiffs’ breach of express warranty claim fails because there is “no evidence that Coloplast made any express warranties to [Ms.”
Gilbert, Gwyneth v. Lands' End, Inc., No. 3:19-cv-00823 (W.D. Wis. Aug. 18, 2021). “19, 2020); 6 Del. C. § 2-313(1). Plaintiffs must also prove compliance with any conditions precedent that Lands’ End has imposed with respect to the warranty.”
6 Del. C. § 2-313(2): 1 case
Guinan v. A.I. Dupont Hosp. for Child., 597 F. Supp. 2d 485 (E.D. Pa. 2009). “The Delaware UCC provides for three types of warranties arising from the sale of goods: (1) express warranties, see 6 Del. C. § 2-313 (2009); (2) implied warranties of merchantability, see 6 Del.”
6 Del. C. § 2-313(a): 1 case
Miller v. Leidos, Inc., No. N19C-11-173 EMD (Del. Super. Ct. Oct. 21, 2024). “B at 6 (“It is my understanding that Leidos had responsibility for the installation and setup of the boiler, including the controller, and thus would be responsible for the cause of the event.”
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