Indiana Code
Ind. Code § 26-1-2-313 (2026)
Express warranties by affirmation, promise, description, and sample
✓ current as of May 2026
Sec. 313. (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.
Formerly: Acts 1963, c.317, s.2-313.
Notes of Decisions
Cited in 30
cases (10 in the last 5 years), 1980–2025 · leading case: In re Nexus 6P Prods. Liab. Litig., 293 F. Supp. 3d 888 (N.D. Cal. 2018).
In re Nexus 6P Prods. Liab. Litig., 293 F. Supp. 3d 888 (N.D. Cal. 2018). “Like with Huawei, the relevant question is whether Plaintiffs must show reliance on the statement or representation for it to be considered part of the "basis of the bargain" under each state's express warranty law.”
Reed v. Cent. Soya Co., Inc., 621 N.E.2d 1069 (Ind. 1993). “Code § 26-1-2-313 , as well as implied warranties of merchantability.”
Skalbania v. Simmons, 443 N.E.2d 352 (Ind. Ct. App. 1982). “Code Section 26-1-2-313, Express Warranties by Affirmation, Promise, Description and Sample; Ind.”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “Code § 11-2-313; Idaho Code § 28-2-313 ; 810 ILCS 5/2-313; Ind. Code § 26-1-2-313 ; Me. Rev. Stat. tit.”
Perry v. Gulf Stream Coach, Inc., 814 N.E.2d 634 (Ind. Ct. App. 2004). “Indiana Code Section 26-1-2-313 defines an express warranty, in part, as "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…”
Atkinson v. P & G-Clairol, Inc., 813 F. Supp. 2d 1021 (N.D. Ind. 2011). “Ind. Code § 26-1-2-313 (2010). Atkinson has not pleaded sufficiently to show that she will be able to discover evidence to support a finding of vertical privity as required for claims of breach of express warranty and breach of the implied warranty of fitness for a particular…”
In re Conagra Foods, Inc., 302 F.R.D. 537 (C.D. Cal. 2014). “• Indiana: (1) Ind.Code § 26-1-2-313; (2) Ind.Code § 26-1-2-314; (3) Unjust Enrichment.”
Carlisle v. Deere & Co., 576 F.3d 649 (7th Cir. 2009). “See Ind.Code § 26-1-2-313(1)(a). Because Deere’s warranty did not cover a third-party’s wiring of the PPC, we Affirm the district court’s order granting summary judgment in Deere’s favor.”
DeHoyos v. John Mohr & Sons, 629 F. Supp. 69 (N.D. Ind. 1984). “See Ind.Code § 26-1-2-313 through 315, inclusive.”
Carpetland U.S.A. v. Payne, 536 N.E.2d 306 (Ind. Ct. App. 1989). “Indiana Code section 26-1-2-313 which defines the language by which an express warranty may be created reads as follows: *308 “Express warranties by affirmation, promise, description, sample “Sec.”
Am. Optical Co. v. Weidenhamer, 404 N.E.2d 606 (Ind. Ct. App. 1980). “” Ind. Code 26-1-2-313, referred to in the objection, provides: “(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…”
Candlelight Homes, Inc. v. Zornes, 414 N.E.2d 980 (Ind. Ct. App. 1981). “Ind.Code 26-1-2-313 sets forth the requirements of an express warranty: “(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…”
— Ind. Code § 26-1-2-313(1) — 2 cases
Royal Bus. Machines, Inc. v. Lorraine Corp., 633 F.2d 34 (7th Cir. 1980).
Bayer Corp. v. Rene Leach (Ind. Ct. App. 2020).
— Ind. Code § 26-1-2-313(1)(a) — 1 case
Carlisle v. Deere & Co., 576 F.3d 649 (7th Cir. 2009). “See Ind.Code § 26-1-2-313(1)(a). Because Deere’s warranty did not cover a third-party’s wiring of the PPC, we Affirm the district court’s order granting summary judgment in Deere’s favor.”
— Ind. Code § 26-1-2-313(1)(b) — 1 case
Kenworth of Indianapolis, Inc. v. Seventy-Seven Ltd. (Ind. 2019).
— Ind. Code § 26-1-2-313(2) — 2 cases
Kenworth of Indianapolis, Inc. v. Seventy-Seven Ltd. (Ind. 2019).
Bayer Corp. v. Rene Leach (Ind. Ct. App. 2020).
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