ORS 72.3130¹
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 the seller 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. [1961 c.726 §72.3130 (Express warranties by affirmation, promise, description, sample)]

Notes of Decisions

Seller's introduc­tion of representa­tion by third party into bargaining process so representa­tion is basis for bargain is sufficient to create warranty by seller. Autzen v. Taylor Lumber Sales, Inc., 280 Or 783, 572 P2d 1322 (1977)

Representa­tion may be part of basis for bargain even though not part of basis for forming contract. Autzen v. Taylor Lumber Sales, Inc., 280 Or 783, 572 P2d 1322 (1977)

Representa­tion that hay baler was only two years old and had been used only one year was express warranty as it was state­ment of fact ma­te­ri­al to bargain in view of plaintiff's express criterion that baler be newer than his former machine and fact that representa­tion was innocently made in reliance on in­for­ma­­tion supplied by third party was imma­te­ri­al. Miller v. Hubbard-Wray Co., 52 Or App 897, 630 P2d 880 (1981), Sup Ct review denied, as modified by 53 Or App 531, 633 P2d 1 (1981)

In breach of warranty ac­tion involving sale of diesel fuel tanks, certain preproduc­tion tanks made from molds could provide basis for jury to find those tanks were presented as model of strength of ma­te­ri­al and of manufacturing process; warranties under sales pro­vi­sions of Commercial Code are not limited to verbal representa­tions by seller and extend to samples or models exhibited as representa­tion of what is being sold. Barton v. Tra-Mo, Inc., 69 Or App 295, 686 P2d 423 (1984), as modified by 73 Or App 804, 699 P2d 1182 (1985), Sup Ct review denied

Express warranty made by manufacturer selling to dealer can extend to remote purchasers such as consumers. Kelly v. Olinger Travel Homes, Inc., 200 Or App 635, 117 P3d 282 (2005), Sup Ct review denied

Law Review Cita­tions

11 WLJ 12 (1974)

Chapter 72

Law Review Cita­tions

53 OLR 468-473 (1974); 58 OLR 545 (1980)

1 Legislative Counsel Committee, CHAPTER 72—Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors72.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­072ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information