Ky. Rev. Stat. » Chapter 355
Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-313 (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 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. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-313, effective July 1, 1960.

Notes of Decisions
Cited in 19 cases (6 in the last 5 years), 1978–2025 · leading case: Naiser v. Unilever United States, Inc., 975 F. Supp. 2d 727 (W.D. Ky. 2013).
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Naiser v. Unilever United States, Inc., 975 F. Supp. 2d 727 (W.D. Ky. 2013). · cites it 7× “§ 355.2-313, which states that an express warranty is created where: (1) the seller makes an affirmation of fact or promise; (2) that relates to the goods; and (3) becomes part of the basis of the bargain between the parties.”
Sims v. Atrium Med. Corp., 349 F. Supp. 3d 628 (W.D. Ky. 2018). · cites it 3× “§ 355.2-313 ). Because Sims's Amended Complaint does not plead sufficient facts to survive a motion to dismiss, his Motion to Amend regarding the express warranty claim is DENIED.”
Moore v. Zydus Pharm. (USA), Inc., 277 F. Supp. 3d 873 (E.D. Ky. 2017). · cites it 3× “Ky. Rev. Stat. Ann. § 355.2-313 . In the context of reviewing the appropriateness of jury instructions that were provided by a district court, the Sixth Circuit contemplated this Kentucky statute and the process by which an express warranty may be created.”
Snawder v. Cohen, 749 F. Supp. 1473 (W.D. Ky. 1990). · cites it 2× “Lederle makes three arguments in this regard: that Plaintiff has not introduced any evidence of an “affirmation of fact or promise” made by Lederle to Plaintiff as required by KRS 355.2-313 8 ; that Plaintiff *1481 was not in privity with Lederle; and that Plaintiff did not give…”
Salisbury v. Purdue Pharma, L.P., 166 F. Supp. 2d 546 (E.D. Ky. 2001). “…the court's analysis is still applicable to the instant case. Compare Miss.Code Ann. § 75-2-323(1)(a), with K.R.S. § 355.2-313.”
Taylor v. Southwire Tools & Equip., 130 F. Supp. 3d 1017 (E.D. Ky. 2015). “KRS 355.2-313(l)(a). A seller’s description of the goods that becomes “part of the basis of the bargain” creates an express warranty that the goods conform to the description.”
Enlow v. St. Jude Med., Inc., 210 F. Supp. 2d 853 (W.D. Ky. 2001). “KRS 355.2-313(1). Therefore, the requirement of a breach of express warranty claim is that goods fail to conform to the manufacturer’s express representations.”
Moore v. MacK Trucks, Inc., 40 S.W.3d 888 (Ky. Ct. App. 2001). “KRS 355.2-313(1)(a) governs the creation of an express warranty by the seller, and states in pertinent part: 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…”
Bell v. Louisville Motors, Inc., 573 S.W.2d 351 (Ky. Ct. App. 1978). “KRS 355.2-313(l)(b) provides that, “[a]ny 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.”
Enlow v. St. Jude Med., Inc., 171 F. Supp. 2d 684 (W.D. Ky. 2001). “KRS 355.2-313(1) Therefore, the requirement of a breach of express warranty claim is that goods fail to conform to the manufacturer’s express representations.”
Brasfield & Gorrie, LLC v. Harrod Concrete & Stone Co. (E.D. Ky. 2021). · cites it 4× “” KRS § 355.2-313(1)(a)–(b). Certain words, such as “warrant” or “guarantee” need not be used, and the seller does not have to specifically intend to make a warranty for a warranty to be created.”
Duff v. C.R. Bard, Inc. (W.D. Ky. 2021). · cites it 3× “KRS 355.2-313(1). 1. Affirmation of Fact or Promise The seller does not have to intend to create an express warranty or formally grant a guarantee for an express warranty to exist.”
Show all 19 citing cases →
Ky. Rev. Stat. § 355.2-313(1): 4 cases
Enlow v. St. Jude Med., Inc., 210 F. Supp. 2d 853 (W.D. Ky. 2001). “KRS 355.2-313(1). Therefore, the requirement of a breach of express warranty claim is that goods fail to conform to the manufacturer’s express representations.”
Enlow v. St. Jude Med., Inc., 171 F. Supp. 2d 684 (W.D. Ky. 2001). “KRS 355.2-313(1) Therefore, the requirement of a breach of express warranty claim is that goods fail to conform to the manufacturer’s express representations.”
Duff v. C.R. Bard, Inc. (W.D. Ky. 2021). “KRS 355.2-313(1). 1. Affirmation of Fact or Promise The seller does not have to intend to create an express warranty or formally grant a guarantee for an express warranty to exist.”
Garvin v. Ethicon, Inc. (W.D. Ky. 2022).
Ky. Rev. Stat. § 355.2-313(1)(a): 6 cases
Sims v. Atrium Med. Corp., 349 F. Supp. 3d 628 (W.D. Ky. 2018). “§ 355.2-313 ). Because Sims's Amended Complaint does not plead sufficient facts to survive a motion to dismiss, his Motion to Amend regarding the express warranty claim is DENIED.”
Moore v. MacK Trucks, Inc., 40 S.W.3d 888 (Ky. Ct. App. 2001). “KRS 355.2-313(1)(a) governs the creation of an express warranty by the seller, and states in pertinent part: 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…”
Christian v. Altaire Pharm., Inc. (E.D. Ky. 2020).
Brasfield & Gorrie, LLC v. Harrod Concrete & Stone Co. (E.D. Ky. 2021). “” KRS § 355.2-313(1)(a)–(b). Certain words, such as “warrant” or “guarantee” need not be used, and the seller does not have to specifically intend to make a warranty for a warranty to be created.”
Corder v. Ethicon, Inc. (E.D. Ky. 2020).
Ky. Rev. Stat. § 355.2-313(1)(b): 1 case
Duff v. C.R. Bard, Inc. (W.D. Ky. 2021). “KRS 355.2-313(1). 1. Affirmation of Fact or Promise The seller does not have to intend to create an express warranty or formally grant a guarantee for an express warranty to exist.”
Ky. Rev. Stat. § 355.2-313(1)(c): 1 case
Mayfield Consum. Prods., LLC v. Altimate Controls, LLC (W.D. Ky. 2025).
Ky. Rev. Stat. § 355.2-313(2): 3 cases
Naiser v. Unilever United States, Inc., 975 F. Supp. 2d 727 (W.D. Ky. 2013). “§ 355.2-313, which states that an express warranty is created where: (1) the seller makes an affirmation of fact or promise; (2) that relates to the goods; and (3) becomes part of the basis of the bargain between the parties.”
Sims v. Atrium Med. Corp., 349 F. Supp. 3d 628 (W.D. Ky. 2018). “§ 355.2-313 ). Because Sims's Amended Complaint does not plead sufficient facts to survive a motion to dismiss, his Motion to Amend regarding the express warranty claim is DENIED.”
Brasfield & Gorrie, LLC v. Harrod Concrete & Stone Co. (E.D. Ky. 2021). “” KRS § 355.2-313(1)(a)–(b). Certain words, such as “warrant” or “guarantee” need not be used, and the seller does not have to specifically intend to make a warranty for a warranty to be created.”
Ky. Rev. Stat. § 355.2-313(l)(a): 2 cases
Naiser v. Unilever United States, Inc., 975 F. Supp. 2d 727 (W.D. Ky. 2013). “§ 355.2-313, which states that an express warranty is created where: (1) the seller makes an affirmation of fact or promise; (2) that relates to the goods; and (3) becomes part of the basis of the bargain between the parties.”
Taylor v. Southwire Tools & Equip., 130 F. Supp. 3d 1017 (E.D. Ky. 2015). “KRS 355.2-313(l)(a). A seller’s description of the goods that becomes “part of the basis of the bargain” creates an express warranty that the goods conform to the description.”
Ky. Rev. Stat. § 355.2-313(l)(b): 2 cases
Naiser v. Unilever United States, Inc., 975 F. Supp. 2d 727 (W.D. Ky. 2013). “§ 355.2-313, which states that an express warranty is created where: (1) the seller makes an affirmation of fact or promise; (2) that relates to the goods; and (3) becomes part of the basis of the bargain between the parties.”
Bell v. Louisville Motors, Inc., 573 S.W.2d 351 (Ky. Ct. App. 1978). “KRS 355.2-313(l)(b) provides that, “[a]ny 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.”
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