MARVIN MANDEL, Governor

113

(2)    A warranty under subsection (1) will be
excluded or Modified only by specific language or by
circumstances which give the buyer reason to know that
the person selling does not claim title in himself or
that he is purporting to sell only such right or title as
he or a third person may have.

(3)   Unless otherwise agreed a seller who is a
merchant regularly dealing in goods of the kind warrants
that the goods shall be delivered free of the rightful
claim of any third person by way of infringement or the
like but a buyer who furnishes specifications to the
seller must hold the seller harmless against any such
claim which arises out of compliance with the
specifications.

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.

2—314. Implied warranty; merchantability; usage of
trade.

(1) Unless excluded or modified (§ 2—316), a
warranty that the goods shall be merchantable is implied
in a contract for their sale if the seller is a merchant
with respect to goods of that kind. UNDER THIS SECTION
THE SERVING FOR VALUE OF FOOD OR DRINK TO BE CONSUMED
EITHER ON THE PREMISES OR ELSEWHERE IS A SALE.