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UCC Contracts QUESTION #5852
Question 1
A Seller provides a sample of a fabric to a Buyer. The actual shipment is of a lower thread count than the sample. Has an express warranty been breached?
  • No, unless the word 'warranty' was used.
  • Yes, a sample or model creates an express warranty that the goods will conform.✔️
  • No, samples are considered 'puffery'.
  • Yes, but only if the Buyer is a merchant.
Correct Answer Explanation
Under UCC §2-313(1)(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.