NRS
104.2313 Express warranties by affirmation, promise, description or
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 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.
(Added to NRS by 1965,
792)
Notes of Decisions
Waterfall Homeowners Ass'n v. Viega, Inc., 283 F.R.D. 571 (D. Nev. 2012).
· cites it 2× “Movants are correct that there is no allegation that any representation of fact, promise, description of goods, sample, or model by Defendants was made a basis for the benefit of the bargain as required under NRS section 104.2313 for an express warranty.”
Miller v. DePuy Spine, Inc., 638 F. Supp. 2d 1226 (D. Nev. 2009).
· cites it 2× “Therefore he could not have received any “affir *1230 mation of fact or promise made by the seller to the buyer,” a requirement for existence of an express warranty under Nev.Rev.Stat. § 104.2313. There is no genuine issue as to this dispositive fact.”
Suckow v. Medtronic, Inc., 971 F. Supp. 2d 1042 (D. Nev. 2013).
· cites it 2× “See Nev.Rev.Stat. § 104.2313. In their Complaint, Plaintiffs allege that Medtronic expressly warranted that its devices “were mechantable, [sic] fit and safe for their intended uses,” and that it “expressly promoted and assured the fitness and safety” of the devices “beyond the…”
Allied Fid. Ins. v. Pico, 656 P.2d 849 (Nev. 1983).
· cites it 2× “NRS 104.2313, which governs the creation of express warranties, provides in pertinent part: 1.”
Mohasco Indus., Inc. v. Anderson Halverson Corp., 520 P.2d 234 (Nev. 1974).
“2 NRS 104.2313. 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 *117 creates an express warranty that the goods shall…”
Underwood v. O-Reilly Auto Parts, Inc. (D. Nev. 2023).
· cites it 4× “2012) (citing NRS § 104.2313). Express 17 warranties may also be created by a description of the goods, where the description is made part 18 of the basis of the bargain.”
Hernandez v. The Home Depot, Inc. (D. Nev. 2023).
· cites it 2× “” Nev. Rev. Stat. § 104.2313 (1). Implied 15 warranties of fitness arise when “the seller at the time of contracting has reason to know any 16 particular purpose for which the goods are required and that the buyer is relying on the seller’s 17 skill or judgment to select or…”
Bontly v. Audi of Am., LLC (D. Nev. 2025).
· cites it 2× “Compare Nev. Rev. Stat. § 104.2313 20 (codifying the elements for creation of an express warranty), with May v.”
Edwards v. Panda Express, Inc. (D. Nev. 2025).
· cites it 2× “22 2012) (citing NRS § 104.2313) (“[e]xpress warranties may be created by an affirmation of fact that 23 relates to the goods or a description of the goods, where the information is made part of the basis of 24 the bargain”).”
Spitzers (D. Nev. 2025).
· cites it 2× “”88 She asserts that 3 these affirmations became part of the bargain, that she relied on them in obtaining the scooter 4 through the VA, and that the scooter failed to perform as warranted when it malfunctioned and 5 caused her injuries.”
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