W. Va. Code » §46-2-313. Express warranties by affirmation, promise, description, sample.
West Virginia Code

W. Va. Code § 46-2-313 (2026)

Express warranties by affirmation, promise, description, sample

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ARTICLE 2. SALES.

§46-2-313. Express warranties by affirmation, promise, description, 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 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 14 cases (2 in the last 5 years), 1986–2025 · leading case: Bennett v. Skyline Corp., 52 F. Supp. 3d 796 (N.D.W. Va. 2014).
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Bennett v. Skyline Corp., 52 F. Supp. 3d 796 (N.D.W. Va. 2014). · cites it 8× “W. Va.Code § 46-2-313 provides that express warranties by the seller are created, in relevant part, 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 .”
Emp. Teamsters-Local Nos. 175/505 Health & Welfare Trust Fund v. Bristol Myers Squibb Co., 969 F. Supp. 2d 463 (S.D.W. Va 2013). · cites it 2× “See W. Va.Code, § 46-2-313: (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…”
Mcmahon v. Advance Stores Co., Inc., 705 S.E.2d 131 (W. Va. 2010). · cites it 4× “" Commentary to West Virginia Code § 46-2-313. The state's U.C.C. provides some guidance in terms of whether a warranty is transferrable.”
Reed v. Sears, Roebuck & Co., Inc., 426 S.E.2d 539 (W. Va. 1992). · cites it 2× “West Virginia Code § 46-2-313(1)(a) and (b) (1966) provides that (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…”
Roxalana Hills, Ltd. v. Masonite Corp., 627 F. Supp. 1194 (S.D.W. Va 1986). · cites it 2× “Code, § 46-2-313 states: “(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 goods and becomes a part of the basis of the bargain creates an express warranty that the goods shall…”
Raab v. Smith & Nephew, Inc., 150 F. Supp. 3d 671 (S.D.W. Va 2015). “Specifically, “West Virginia Code § 46-2-313(l)(a) and (b) mandates that an express warranty is created only when [a seller’s] affirmation of fact, promise or description of the goods is part of the basis of the bargain made by the seller to' the buyer about the goods being sold.”
Beattie v. Skyline Corp., 906 F. Supp. 2d 528 (S.D.W. Va 2012). “Count Three — Breach of Express Warranties West Virginia Code § 46-2-313 discusses how express warranties are created by the seller.”
Appalachian Leasing, Inc. v. MacK Trucks, Inc., 765 S.E.2d 223 (W. Va. 2014). “Here, the Standard Warranty found in Mack’s Pedigreed Protection Plan promised that each new Mack vehicle would be “free from defects in material or workmanship under normal use and service” and that Mack’s obligation in that regard would be limited to repairing or replacing…”
Knight v. Boehringer Ingelheim Pharm., Inc., 323 F. Supp. 3d 809 (2018). · cites it 2× “" W. Va. Code § 46-2-313 (1)(a). To maintain an express warranty claim, "no particular reliance on such statements need be shown in order to weave them into the fabric of the agreement.”
Bishop v. Triumph Motorcycles (Am.) Ltd. (N.D.W. Va. 2021). · cites it 2× “9 The Court finds that the Plaintiffs have failed to state a claim for breach of implied warranty. To support their claims for breach of implied warranty of merchantability, the Plaintiffs allege that (1) at the time of the purchase, the Defendants knew or had reason to know…”
Sam Smith v. ExoMod Concepts, LLC, Richard Zev Katzeff, John Connolly, HDK of Bowling Green, LLC, & Dennis E. Laube (N.D.W. Va. 2025). · cites it 2× “W. Va. Code § 46-2-313 . To establish a breach of express warranty, a plaintiff must “show the existence of an express warranty, breach of the express warranty, and damages proximately caused by the breach.”
Monica S. Hanson v. Suzuki Motor of Am., Inc. (W. Va. 2018). “In support, petitioner cites to law regarding the creation of an express warranty, including West Virginia Code § 46-2-313(a) (stating seller’s express warranty created by any affirmation of fact or promise made by seller to buyer which relates to goods and becomes part of basis…”
Show all 14 citing cases →
— W. Va. Code § 46-2-313(1) — 1 case
Roxalana Hills, Ltd. v. Masonite Corp., 627 F. Supp. 1194 (S.D.W. Va 1986). “Code, § 46-2-313 states: “(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 goods and becomes a part of the basis of the bargain creates an express warranty that the goods shall…”
— W. Va. Code § 46-2-313(1)(a) — 1 case
Reed v. Sears, Roebuck & Co., Inc., 426 S.E.2d 539 (W. Va. 1992). “West Virginia Code § 46-2-313(1)(a) and (b) (1966) provides that (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…”
— W. Va. Code § 46-2-313(1)(a)(2007) — 1 case
Mcmahon v. Advance Stores Co., Inc., 705 S.E.2d 131 (W. Va. 2010). “" Commentary to West Virginia Code § 46-2-313. The state's U.C.C. provides some guidance in terms of whether a warranty is transferrable.”
— W. Va. Code § 46-2-313(a) — 1 case
Monica S. Hanson v. Suzuki Motor of Am., Inc. (W. Va. 2018). “In support, petitioner cites to law regarding the creation of an express warranty, including West Virginia Code § 46-2-313(a) (stating seller’s express warranty created by any affirmation of fact or promise made by seller to buyer which relates to goods and becomes part of basis…”
— W. Va. Code § 46-2-313(l)(a) — 4 cases
Bennett v. Skyline Corp., 52 F. Supp. 3d 796 (N.D.W. Va. 2014). “W. Va.Code § 46-2-313 provides that express warranties by the seller are created, in relevant part, 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 .”
Raab v. Smith & Nephew, Inc., 150 F. Supp. 3d 671 (S.D.W. Va 2015). “Specifically, “West Virginia Code § 46-2-313(l)(a) and (b) mandates that an express warranty is created only when [a seller’s] affirmation of fact, promise or description of the goods is part of the basis of the bargain made by the seller to' the buyer about the goods being sold.”
Reed v. Sears, Roebuck & Co., Inc., 426 S.E.2d 539 (W. Va. 1992). “West Virginia Code § 46-2-313(1)(a) and (b) (1966) provides that (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…”
Appalachian Leasing, Inc. v. MacK Trucks, Inc., 765 S.E.2d 223 (W. Va. 2014). “Here, the Standard Warranty found in Mack’s Pedigreed Protection Plan promised that each new Mack vehicle would be “free from defects in material or workmanship under normal use and service” and that Mack’s obligation in that regard would be limited to repairing or replacing…”
— W. Va. Code § 46-2-313(l)(a)(2007) — 1 case
Mcmahon v. Advance Stores Co., Inc., 705 S.E.2d 131 (W. Va. 2010). “" Commentary to West Virginia Code § 46-2-313. The state's U.C.C. provides some guidance in terms of whether a warranty is transferrable.”
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