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380 LAWS OF MARYLAND [Ch. 12
light of the definition of "person" in
§1-101(j) .
The only other changes are in style.
10-202. CREATION OF EXPRESS WARRANTIES; EXCLUSION OR
MODIFICATION OF EXPRESS WARRANTY.
(A) CREATION OF WARRANTIES.
EXPRESS WARRANTIES BY A VENDOR ARE CREATED AS
FOLLOWS:
(1) ANY WRITTEN AFFIRMATION OF FACT OR
PROMISE WHICH RELATES TO THE IMPROVEMENT AND IS MADS A
PART OF THE BASIS OF THE BARGAIN BETWEEN THE VENDOR AND
THE PURCHASER CREATES AN EXPRESS WARRANTY THAT THE
IMPROVEMENT CONFORMS TO THE AFFIRMATION OR PROMISE.
(2) ANY WRITTEN DESCRIPTION OF THE
IMPROVEMENT, INCLUDING PLANS AND SPECIFICATIONS OF IT,
WHICH IS MADE A PART OF THE BASIS OF THE BARGAIN BETWEEN
THE VENDOR AND THE PURCHASER CREATES AN EXPRESS WARRANTY
THAT THE IMPROVEMENT CONFORMS TO THE DESCRIPTION.
(3) ANY SAMPLE OR MODEL WHICH IS MADE A PART
OF THE BASIS OF THE BARGAIN BETWEEN THE VENDOR AND THE
PURCHASER CREATES AN EXPRESS WARRANTY THAT THE
IMPROVEMENT CONFORMS SUBSTANTIALLY TO THE SAMPLE OR
MODEL.
(B) FORMAL WORDS UNNECESSARY,
TO CREATE AN EXPRESS WARRANTY, IT IS NOT NECESSARY
TO USE FORMAL WORDS, SUCH AS "WARRANTY" OR "GUARANTEE,"
OR THAT THERE BE A SPECIFIC INTENTION TO MAKE A WARRANTY.
HOWEVER, AN AFFIRMATION MERELY OF THE VALUE OF THE
IMPROVEMENT OR A STATEMENT PURPORTING TO BE AN OPINION OR
COMMENDATION OF THE IMPROVEMENT DOES NOT CREATE A
WARRANTY.
(C) EXCLUSION OR MODIFICATION OF EXPRESS WARRANTY.
IF AN EXPRESS WARRANTY IS MADE UNDER SUBSECTION (A),
NEITHER WORDS IN THE CONTRACT OF SALE, THE DEED, OTHER
INSTRUMENT OF GRANT, NOR MERGER OF THE CONTRACT OF SALE
INTO THE DEED OR ANY OTHER INSTRUMENT OF GRANT IS
EFFECTIVE TO EXCLUDE OR MODIFY THE WARRANTY. AT ANY TIME
AFTER THE EXECUTION OF THE CONTRACT OF SALE, THE WARRANTY
MAY BE EXCLUDED OR MODIFIED WHOLLY OR PARTIALLY BY A
WRITTEN INSTRUMENT, SIGNED BY THE PURCHASER, SETTING
FORTH IN DETAIL THE WARRANTY TO BE EXCLUDED OR MODIFIED,
THE CONSENT OF THE PURCHASER TO EXCLUSION OR
MODIFICATION, AND THE TERMS OF THE NEW AGREEMENT WITH
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