Maine Revised Statutes

Me. Rev. Stat. tit. 11, § 2-313 (2026)

Express warranties by affirmation, promise, description, sample

✓ current as of May 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. In the case of consumer goods sold by a merchant with respect to such goods, the description affirms that the goods are fit for the ordinary purposes for which such goods are used.   [PL 1973, c. 762, §9 (AMD).]
(c). Any sample or model which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the sample or model.   [PL 1973, c. 762, §9 (AMD).]
[PL 1973, c. 762, §9 (AMD).]
(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.  
SECTION HISTORY
PL 1973, c. 762, §9 (AMD).
Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1979–2025 · leading case: Sebago, Inc. v. Beazer East, Inc., 18 F. Supp. 2d 70 (D. Mass. 1998).
Sebago, Inc. v. Beazer East, Inc., 18 F. Supp. 2d 70 (D. Mass. 1998). · cites it 4× “11 M.R.S.A. § 2-313 provides in pertinent part: (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…”
Cuthbertson v. Clark Equip. Co., 448 A.2d 315 (Me. 1982). · cites it 4× “2d 687, 689 (1980), it is possible that the quoted language is a description of the Michigan 75-IIIA, and perhaps even an affirmation or promise which relates to this loader, within the scope of 11 M.R.S.A. § 2-313(1). However, the Plaintiff must also show that these…”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “Code § 26-1-2-313 ; Me. Rev. Stat. tit. 11, § 2-313; Md. Code, Com.”
Guiggey v. Bombardier, 615 A.2d 1169 (Me. 1992). · cites it 2× “becomes part of the basis of the bargain,” 11 M.R.S.A. § 2-313(1)(a) (Supp. 1991), or when any description of the goods “is made part of the basis of the bargain.”
S. H. Nevers Corp. v. Husky Hydraulics, Inc., 408 A.2d 676 (Me. 1979). · cites it 2× “The presiding Justice charged the jury on express warranty (11 M.R.S.A. § 2-313) and on the implied warranty of merchantability (11 M.”
McLaughlin v. Denharco, Inc., 129 F. Supp. 2d 32 (D. Me. 2001). · cites it 2× “(c) The Creation of an Additional Express Warranty Under 11 M.R.S.A. § 2-313 In addition, McLaughlin argues that the promotional material, which he claims he relied on when making his purchase of the Denharco delimber, McLaughlin Dep.”
Miller v. Lentine, 495 A.2d 1229 (Me. 1985). · cites it 2× “11 M.R.S.A. § 2-313 (Supp.1984-85), in pertinent part, provides the following: (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…”
Canning v. Broan-Nutone, LLC, 480 F. Supp. 2d 392 (D. Me. 2007). “'' 11 M.R.S.A. § 2-313. 14 . DSMF ¶ 23 reads "There was no applicable express warranty on the Fan at the time of the Fire.”
Auto Sales & Fin. Co. v. Seavey, 401 A.2d 648 (Me. 1979). “Before reaching the issue of a rightful rejection which appellant raises on appeal, we must first find that the evidence presented compelled the District Court judge to determine that a representative of the appellee made an express warranty regarding the truck’s running…”
Maine Farmers Exch. v. McGillicuddy, 1997 ME 153 (Me. 1997). “[¶7] Express warranties by the seller pursuant to 11 M.R.S.A. § 2-313 (1995) 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…”
Sullivan v. Young Bros. & Co. Inc., 893 F. Supp. 1148 (D. Me. 1995). “Express Warranty Pursuant to 11 M.R.S.A. § 2-313, an express warranty is created by a seller whenever that seller makes any representation with regard to the sold product.”
Phillips v. Ripley & Fletcher Co., 541 A.2d 946 (Me. 1988). “11 M.R.S.A. § 2-313 (1964). Comments to this provision of the code suggests that the requirement that the affirmation become part of the “basis of the bargain” is meant to continue the uniform sales act requirement that the purchaser must show reliance on the affirmation in…”
— Me. Rev. Stat. tit. 11, § 2-313(1) — 4 cases
Sebago, Inc. v. Beazer East, Inc., 18 F. Supp. 2d 70 (D. Mass. 1998). “11 M.R.S.A. § 2-313 provides in pertinent part: (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…”
Cuthbertson v. Clark Equip. Co., 448 A.2d 315 (Me. 1982). “2d 687, 689 (1980), it is possible that the quoted language is a description of the Michigan 75-IIIA, and perhaps even an affirmation or promise which relates to this loader, within the scope of 11 M.R.S.A. § 2-313(1). However, the Plaintiff must also show that these…”
McLaughlin v. Denharco, Inc., 129 F. Supp. 2d 32 (D. Me. 2001). “(c) The Creation of an Additional Express Warranty Under 11 M.R.S.A. § 2-313 In addition, McLaughlin argues that the promotional material, which he claims he relied on when making his purchase of the Denharco delimber, McLaughlin Dep.”
Auto Sales & Fin. Co. v. Seavey, 401 A.2d 648 (Me. 1979). “Before reaching the issue of a rightful rejection which appellant raises on appeal, we must first find that the evidence presented compelled the District Court judge to determine that a representative of the appellee made an express warranty regarding the truck’s running…”
— Me. Rev. Stat. tit. 11, § 2-313(1)(a) — 3 cases
Guiggey v. Bombardier, 615 A.2d 1169 (Me. 1992). “becomes part of the basis of the bargain,” 11 M.R.S.A. § 2-313(1)(a) (Supp. 1991), or when any description of the goods “is made part of the basis of the bargain.”
P.B.K. Enter., Inc. v. Horvath (Me. Super. Ct 2015).
— Me. Rev. Stat. tit. 11, § 2-313(1)(b) — 2 cases
Guiggey v. Bombardier, 615 A.2d 1169 (Me. 1992). “becomes part of the basis of the bargain,” 11 M.R.S.A. § 2-313(1)(a) (Supp. 1991), or when any description of the goods “is made part of the basis of the bargain.”
— Me. Rev. Stat. tit. 11, § 2-313(1)(c) — 1 case
— Me. Rev. Stat. tit. 11, § 2-313(2) — 1 case
Miller v. Lentine, 495 A.2d 1229 (Me. 1985). “11 M.R.S.A. § 2-313 (Supp.1984-85), in pertinent part, provides the following: (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…”
— Me. Rev. Stat. tit. 11, § 2-313(l)(a) — 1 case
Cuthbertson v. Clark Equip. Co., 448 A.2d 315 (Me. 1982). “2d 687, 689 (1980), it is possible that the quoted language is a description of the Michigan 75-IIIA, and perhaps even an affirmation or promise which relates to this loader, within the scope of 11 M.R.S.A. § 2-313(1). However, the Plaintiff must also show that these…”
— Me. Rev. Stat. tit. 11, § 2-313(l)(b) — 2 cases
Cuthbertson v. Clark Equip. Co., 448 A.2d 315 (Me. 1982). “2d 687, 689 (1980), it is possible that the quoted language is a description of the Michigan 75-IIIA, and perhaps even an affirmation or promise which relates to this loader, within the scope of 11 M.R.S.A. § 2-313(1). However, the Plaintiff must also show that these…”
S. H. Nevers Corp. v. Husky Hydraulics, Inc., 408 A.2d 676 (Me. 1979). “The presiding Justice charged the jury on express warranty (11 M.R.S.A. § 2-313) and on the implied warranty of merchantability (11 M.”
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