Iowa Code

Iowa Code § 554.2313 (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 the seller 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. [C24, 27, 31, 35, 39, §9941, 9943, 9945; C46, 50, 54, 58, 62, §554.13, 554.15, 554.17; C66, 71, 73, 75, 77, 79, 81, §554.2313] \n

Notes of Decisions

Cited in 32 cases (2 in the last 5 years), 1967–2024 · leading case: Tralon Corp. v. Cedarapids, Inc., 966 F. Supp. 812 (N.D. Iowa 1997).

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Tralon Corp. v. Cedarapids, Inc., 966 F. Supp. 812 (N.D. Iowa 1997). · cites it 14× “Iowa Code § 554.2313 (l)(a). Iowa Code § 554.”

Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011). · cites it 12× “Schlagel argues that, while Iowa Code § 554.2313 explains how an express warranty for goods is created, Iowa Code § 554.”

Wright v. Brooke Grp. Ltd., 114 F. Supp. 2d 797 (N.D. Iowa 2000). · cites it 9× “Iowa Code § 554.2313 (l)(a) provides that an express warranty is created by “[a]ny 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.”

Moore v. Vanderloo, 386 N.W.2d 108 (Iowa 1986). · cites it 8× “Second, if we assume arguendo that a general contractual warranty theory is applicable here, apart from the requirements of section 554.2313, serious problems regarding lack of consideration, privity and the nature of the contractual relationship arise.”

Kolarik v. Cory Int'l Corp., 721 N.W.2d 159 (Iowa 2006). · cites it 4× “section 2-313, from which Iowa Code section 554.2313 is taken, states: Of course, all descriptions by merchants must be read against the applicable trade usages with the general rules as to merchantability resolving any doubts.”

Jeffrey Klingenberg v. Vulcan Ladder USA, LLC, 936 F.3d 824 (8th Cir. 2019). · cites it 2× “§ 2-213 in its express-warranty provision, Iowa Code § 554.2313 ). The court held, “Given the evidence of how the defendants receive and resell these olives, it is unrealistic to -9- impart to the description ‘minced pimento stuffed’ the meaning that defendants are guaranteeing…”

City of Perry v. Procter & Gamble Co., 188 F. Supp. 3d 276 (S.D.N.Y. 2016). · cites it 2× “Iowa 2011); see also Iowa Code § 554.2313 (defining express warranties).”

Flom v. Stahly, 569 N.W.2d 135 (Iowa 1997). · cites it 2× “Defendants Stahly point out that Iowa Code section 554.2313 (1991), which governs express warranties, applies to the sale of goods but not to the sale of realty.”

C & J Fertilizer, Inc. v. Allied Mut. Ins. Co., 227 N.W.2d 169 (Iowa 1975). · cites it 2× “2302 (effect of unconscionable contract clauses may be avoided by the court); § 554.2313 (express warranties); §§ 554.2314, 554.”

R.J. Meyers Co. v. Reinke Mfg. Co., Inc., & Hook's Point Irrigation, 885 N.W.2d 429 (Iowa Ct. App. 2016). · cites it 2× “Iowa Code § 554.2313 (1). Reinke limited the remedy for breach of the express warranty to repair and replacement of the goods sold.”

Rexing Quality Eggs v. Rembrandt Enter., Inc., 360 F. Supp. 3d 817 (S.D. Ind. 2018). · cites it 2× “Iowa Code § 554.2313 . "Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but .”

Dailey v. Holiday Distrib. Corp., 151 N.W.2d 477 (Iowa 1967). · cites it 2× “” See also section 554.2313, Code 1966. . We conclude the statement made as to operating costs of the subject machine was more than sales talk, being, under the circumstances, an inducing representation or affirmation of fact given in such terms as to attain the status of a…”

Show all 32 citing cases →

— Iowa Code § 554.2313(1) — 3 cases

Kolarik v. Cory Int'l Corp., 721 N.W.2d 159 (Iowa 2006). “section 2-313, from which Iowa Code section 554.2313 is taken, states: Of course, all descriptions by merchants must be read against the applicable trade usages with the general rules as to merchantability resolving any doubts.”

Mease Ex Rel. Oliver v. Fox, 200 N.W.2d 791 (Iowa 1972).

Douglas C. Kolarik Vs. Cory Int'l Corp., Italica Imports, & Tee Pee Olives, Inc. (Iowa 2006).

— Iowa Code § 554.2313(1)(a) — 1 case

Randy R. Tjaden v. Larry D. Rasmussen & Connie S. Rasmussen (Iowa Ct. App. 2023).

— Iowa Code § 554.2313(1)(b) — 1 case

Denis Marchand & Christine E.T. Marchand v. Golden Rule Plumbing Heating & Cooling, Inc., K&E Distrib., Inc., Van's Heating & Cooling, L.L.C., & Bosch Thermotechnology Corp. (Iowa Ct. App. 2017).

— Iowa Code § 554.2313(2) — 2 cases

Jason Cannon v. Bodensteiner Implement Co., Windridge Implements, LLC, Eck & Glass, Inc., D/B/A Epg Ins., Inc., & Cnh Am. LLC, D/B/A Case Ih (Iowa Ct. App. 2017).

Jason Cannon v. Bodensteiner Implement (Iowa 2017).

— Iowa Code § 554.2313(l)(a) — 5 cases

Moore v. Vanderloo, 386 N.W.2d 108 (Iowa 1986). “Second, if we assume arguendo that a general contractual warranty theory is applicable here, apart from the requirements of section 554.2313, serious problems regarding lack of consideration, privity and the nature of the contractual relationship arise.”

Tralon Corp. v. Cedarapids, Inc., 966 F. Supp. 812 (N.D. Iowa 1997). “Iowa Code § 554.2313 (l)(a). Iowa Code § 554.”

Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011). “Schlagel argues that, while Iowa Code § 554.2313 explains how an express warranty for goods is created, Iowa Code § 554.”

Wright v. Brooke Grp. Ltd., 114 F. Supp. 2d 797 (N.D. Iowa 2000). “Iowa Code § 554.2313 (l)(a) provides that an express warranty is created by “[a]ny 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.”

West Liberty Tel. Co. v. Coppercom, Inc., 805 F. Supp. 2d 669 (S.D. Iowa 2009).

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