New Jersey Statutes
N.J. Stat. § 12A:2-313 (2026)
Express warranties by affirmation, promise, description, sample
✓ current as of May 2026
(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.
Notes of Decisions
Cited in 92
cases (46 in the last 5 years), 1974–2026 · leading case: Francis E. Parker Mem'l Home, Inc. v. Georgia-Pac. LLC, 945 F. Supp. 2d 543 (D.N.J. 2013).
Francis E. Parker Mem'l Home, Inc. v. Georgia-Pac. LLC, 945 F. Supp. 2d 543 (D.N.J. 2013). “LEXIS 111217 , at *15; N.J. Stat. Ann. § 12A:2-313. Notably, the courts have instructed, consistent with Comment 3 of the Official Comments of the pertinent section, that “whether a given statement constitutes an express warranty is normally a question of fact for the jury.”
Snyder v. Farnam Companies, Inc., 792 F. Supp. 2d 712 (D.N.J. 2011). “LEXIS 111217 , at *15; N.J. Stat. Ann. § 12A:2-313. However, “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.”
Cipollone v. Liggett Grp., Inc., 683 F. Supp. 1487 (D.N.J. 1988). “2d 394 (1980) (citing N.J.S.A. § 12A:2-313 Uniform Commercial Code comment 3); see Pritchard v.”
ARLANDSON v. Hartz Mountain Corp., 792 F. Supp. 2d 691 (D.N.J. 2011). “LEXIS 111217 , at *15; N.J. Stat. Ann. § 12A:2-313. However, “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.”
Mendez v. Shah, 28 F. Supp. 3d 282 (D.N.J. 2014). “2011) (citing N.J. Stat. Ann. § 12A:2-313). “However, ‘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.”
Viking Yacht Co. v. Composites One LLC, 496 F. Supp. 2d 462 (D.N.J. 2007). “Express warranties are governed by the UCC, embodied in N.J. Stat. § 12A:2-313(1), which provides that express warranties are created by 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”…”
Lithuanian Com. Corp. Ltd. v. Sara Lee Hosiery, 214 F. Supp. 2d 453 (D.N.J. 2002). “Sara Lee argued that the Court’s previous ruling that LCC must prove its claim of legal fraud by clear and convincing evidence was correct in light of the weight of authority in the New Jersey state courts, and the federal courts of this Circuit, which have addressed the issue.”
Fid. & Guar. Ins. Underwriters, Inc. v. Omega Flex, Inc., 936 F. Supp. 2d 441 (D.N.J. 2013). “Breach of Express Warranty As both state and federal courts in New Jersey have recognized, in order to state a claim for breach of an express warranty 4 under N.J. Stat. Ann. § 12A:2-313, a plaintiff must properly allege: (1) that defendant made an affirmation of fact, promise…”
Volin v. Gen. Elec. Co., 189 F. Supp. 3d 411 (D.N.J. 2016). “The New Jersey version of the UCC, N.J. Stat. Ann. § 12A:2-313(1), defines an “express warranty” as follows: (a) Any affirmation- of fact or promise made by the seller to the bqyer which relates to the goods and becomes part of the basis of the -bargain creates an express…”
Cipollone v. Liggett Grp., Inc., 693 F. Supp. 208 (D.N.J. 1988). “Uniform Commercial Code Comment 3 states in part: In actual practice affirmations of fact made by the seller about the goods during a bargain are regarded as part of the description of the goods; hence no particular reliance on such statements need be shown to weave them into…”
Dzielak v. Whirlpool Corp., 26 F. Supp. 3d 304 (D.N.J. 2014). “Energy Star logo as an affirmation or promise The New Jersey UCC Section 12A:2-313(1) defines an “express warranty” as: (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…”
In Re Avandia Mktg. Sales Practices & Prods. Liab. Litig., 588 F. App'x 171 (3rd Cir. 2014). “See N.J. Stat. Ann. § 12A:2-313. Under New Jersey law, “guarantees of future performance should be specific.”
— N.J. Stat. § 12A:2-313(1) — 21 cases
Volin v. Gen. Elec. Co., 189 F. Supp. 3d 411 (D.N.J. 2016). “The New Jersey version of the UCC, N.J. Stat. Ann. § 12A:2-313(1), defines an “express warranty” as follows: (a) Any affirmation- of fact or promise made by the seller to the bqyer which relates to the goods and becomes part of the basis of the -bargain creates an express…”
Viking Yacht Co. v. Composites One LLC, 496 F. Supp. 2d 462 (D.N.J. 2007). “Express warranties are governed by the UCC, embodied in N.J. Stat. § 12A:2-313(1), which provides that express warranties are created by 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”…”
Dzielak v. Whirlpool Corp., 26 F. Supp. 3d 304 (D.N.J. 2014). “Energy Star logo as an affirmation or promise The New Jersey UCC Section 12A:2-313(1) defines an “express warranty” as: (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…”
Parkinson v. Guidant Corp., 315 F. Supp. 2d 741 (W.D. Pa. 2004).
Elias v. Ungar's Food Prods., Inc., 252 F.R.D. 233 (D.N.J. 2008).
— N.J. Stat. § 12A:2-313(1)(a) — 6 cases
Fabricant v. Intamin Amusement Rides Int. Corp. Est. (D.N.J. 2020).
Garten v. Intermin Amusement Rides Int (D.N.J. 2020).
Garten v. Intermin Amusement Rides Int (D.N.J. 2021).
In Re Metformin Mktg. & Sales Practices Litig. (D.N.J. 2022).
Eady v. Tapfury LLC (D.N.J. 2022).
— N.J. Stat. § 12A:2-313(2) — 17 cases
Snyder v. Farnam Companies, Inc., 792 F. Supp. 2d 712 (D.N.J. 2011). “LEXIS 111217 , at *15; N.J. Stat. Ann. § 12A:2-313. However, “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.”
ARLANDSON v. Hartz Mountain Corp., 792 F. Supp. 2d 691 (D.N.J. 2011). “LEXIS 111217 , at *15; N.J. Stat. Ann. § 12A:2-313. However, “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.”
Mendez v. Shah, 28 F. Supp. 3d 282 (D.N.J. 2014). “2011) (citing N.J. Stat. Ann. § 12A:2-313). “However, ‘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.”
Fid. & Guar. Ins. Underwriters, Inc. v. Omega Flex, Inc., 936 F. Supp. 2d 441 (D.N.J. 2013). “Breach of Express Warranty As both state and federal courts in New Jersey have recognized, in order to state a claim for breach of an express warranty 4 under N.J. Stat. Ann. § 12A:2-313, a plaintiff must properly allege: (1) that defendant made an affirmation of fact, promise…”
Viking Yacht Co. v. Composites One LLC, 496 F. Supp. 2d 462 (D.N.J. 2007). “Express warranties are governed by the UCC, embodied in N.J. Stat. § 12A:2-313(1), which provides that express warranties are created by 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”…”
— N.J. Stat. § 12A:2-313(a) — 1 case
Behrens v. Amazon.com Inc (D.N.J. 2023).
— N.J. Stat. § 12A:2-313(b) — 2 cases
Levine v. Volvo Cars of North Am., LLC (D.N.J. 2020).
Grayson v. BMW of North Am. LLC (D.N.J. 2023).
— N.J. Stat. § 12A:2-313(l)(a) — 9 cases
Cipollone v. Liggett Grp., Inc., 683 F. Supp. 1487 (D.N.J. 1988). “2d 394 (1980) (citing N.J.S.A. § 12A:2-313 Uniform Commercial Code comment 3); see Pritchard v.”
Cipollone v. Liggett Grp., Inc., 693 F. Supp. 208 (D.N.J. 1988). “Uniform Commercial Code Comment 3 states in part: In actual practice affirmations of fact made by the seller about the goods during a bargain are regarded as part of the description of the goods; hence no particular reliance on such statements need be shown to weave them into…”
Knipe v. Smithkline Beecham, 583 F. Supp. 2d 602 (E.D. Pa. 2008).
Francis E. Parker Mem'l Home, Inc. v. Georgia-Pac. LLC, 945 F. Supp. 2d 543 (D.N.J. 2013). “LEXIS 111217 , at *15; N.J. Stat. Ann. § 12A:2-313. Notably, the courts have instructed, consistent with Comment 3 of the Official Comments of the pertinent section, that “whether a given statement constitutes an express warranty is normally a question of fact for the jury.”
Peruto v. Timbertech Ltd., 126 F. Supp. 3d 447 (D.N.J. 2015).
— N.J. Stat. § 12A:2-313(l)(c) — 2 cases
Fid. & Guar. Ins. Underwriters, Inc. v. Omega Flex, Inc., 936 F. Supp. 2d 441 (D.N.J. 2013). “Breach of Express Warranty As both state and federal courts in New Jersey have recognized, in order to state a claim for breach of an express warranty 4 under N.J. Stat. Ann. § 12A:2-313, a plaintiff must properly allege: (1) that defendant made an affirmation of fact, promise…”
Lithuanian Com. Corp. v. Sara Lee Hosiery, 179 F.R.D. 450 (D.N.J. 1998).
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