Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 490

Haw. Rev. Stat. § 490:2-313

Express warranties by affirmation, promise, description, sample

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     §490:2-313  Express warranties by affirmation, promise, description, sample.  (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. [L 1965, c 208, §2-313; HRS §490:2-313]

 

Case Notes

 

  The foundation of every express warranty provision is the core description; defendant offered an express warranty on the artwork.  745 F. Supp. 1556.

  Plaintiff alleged facts sufficient to state a claim for breach of an express warranty, where plaintiff purchased an automobile covered by a written warranty that plaintiff claimed defendant breached in violation of federal and state law.  459 F. Supp. 2d 1028.

  Although plaintiff alleged that through the use of Hawaiian representation and imagery on the packaging of defendant's Hawaiian brand snacks, defendant expressly warranted that the products were made in Hawaii, the court found that plaintiff failed to state a breach of express or implied warranty claim.  The court agreed with defendant that the use of the word "Hawaiian", combined with the imagery on the packaging, did not constitute an affirmation of fact or promise.  390 F. Supp. 3d 1231 (2019).

  A breach of express warranty action could be a basis for a derivative wrongful death action brought pursuant to §663-3.  86 H. 383 (App.), 949 P.2d 1004.

  Reliance is not an essential element of a breach of express warranty claim under the UCC.  86 H. 383 (App.), 949 P.2d 1004.

  Seller's contractual description of crane as being equipped with 30-inch-wide treads was part of basis of bargain with buyer, and constituted an express warranty which seller breached when it delivered crane with 24-inch-wide treads.  86 H. 383 (App.), 949 P.2d 1004.

  Under the UCC, a seller's statements to a buyer regarding goods sold, made during the bargaining process, are presumptively part of the basis of the bargain between seller and buyer; thus burden is on seller to prove that resulting bargain did not rest at all on seller's statements.  86 H. 383 (App.), 949 P.2d 1004.

  Where no evidence that advertisements were given to buyer as part of bargaining process, were part of contract documents, or that buyer read or was even aware of advertisements, advertisements did not become part of basis of the bargain amounting to an express warranty.  86 H. 383 (App.), 949 P.2d 1004.

 

 

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2015–2025 · leading case: Martin Hilti Family Trust v. Knoedler Gallery, LLC
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Martin Hilti Family Trust v. Knoedler Gallery, LLC (2015) nysd “White contends that, under Hawaiian law, a warranty of authenticity given by a merchant for artwork constitutes an express warranty of future performance, and-the statute of limitations for a claim based on such a warranty begins to run " ‘when the breach is discovered or…”
Maeda v. Pinnacle Foods Inc. (2019) · cites it 2× “Under Hawai'i law, express warranties are created by a seller when: (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…”
Construction Services Pacific, LLC v. Mule-Hide Products Co., Inc. (2025) hid · cites it 3× “COUNT III: Breach of Warranty Pursuant to Haw. Rev. Stat. § 490:2-313 A. Breach Of Express Warranty Pursuant to Haw.”
Gentry Homes, Ltd. v. Simpson Strong-Tie Co., Inc. (2019) hid · cites it 2× “Haw. Rev. Stat. § 490:2-313 of Hawaii’s Uniform Commercial Code defines express warranties, as follows: (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…”
Evans v. Gilead Sciences, Inc. (2020) hid · cites it 2× “See Haw. Rev. Stat. §§ 490:2-313 , -314, -315.”
ABP Pearl Highlands LLC v. Tigo Energy, Inc. (2025) hid · cites it 2× “1997); Haw. Rev. Stat. § 490:2-313 (1). Here, Defendant breached the express warranty because the RSDs delivered by Defendant were marketed as fire safety devices but in fact caused significant heat and fire damage.”
Rojas v. Bosch Solar Energy Corporation (2020) cand “Code § 2313 ; Haw. Rev. Stat. § 490:2-313 ; Mo. Rev. Stat.”
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