84-2a-210. Express warranties. (1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will 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 will conform to the description.
(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee," or that the lessor 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 lessor's opinion or commendation of the goods does not create a warranty.
History: L. 1991, ch. 295, § 19; February 1, 1992.
KANSAS COMMENT, 1996
This section sets out when statements, promises, descriptions, and samples or models provided by the lessor create express warranties from the lessor to the lessee. Unlike the implied warranties of merchantability and fitness for a particular purpose, which do not apply in a finance lease, this section does apply in a finance lease. If a lessor in a finance lease makes express warranties, this section holds it accountable. This section is derived from section 84-2-313, with changes only to make the provision applicable to leases. See 1996 Kansas Comments to 84-2-313 for further discussion. The drafters of Article 2A decided to include all the Article 2 warranties, with some changes, in this Article, on the ground that "(t )he lease of goods is sufficiently similar to the sale of goods to justify this decision." See Official Comments to this section. That decision is in accord with pre-Article 2A case law. See Barkley Clark & Christopher Smith, The Law of Product Warranties ¶ 2.02(2) (1984 & Supp. 1996).
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