ORS 72.3130
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)]

Source: Section 72.3130 — Express warranties by affirmation, promise, description, sample, https://www.­oregonlegislature.­gov/bills_laws/ors/ors072.­html.

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)

72.1010
Short title 72.1020
Scope 72.1030
Definitions and index of definitions 72.1040
Definitions: “merchant” 72.1050
Definitions: “goods” 72.1060
Definitions: “contract” 72.1070
Goods to be severed from realty 72.2010
Formal requirements: statute of frauds 72.2020
Final written expression: parol or extrinsic evidence 72.2030
Seals inoperative 72.2040
Formation in general 72.2050
Firm offers 72.2060
Offer and acceptance in formation of contract 72.2070
Additional terms in acceptance or confirmation 72.2090
Modification, rescission and waiver 72.2100
Delegation of performance 72.3010
General obligations of parties 72.3020
Unconscionable contract or clause 72.3030
Allocation or division of risks 72.3040
Price payable in money, goods, realty or otherwise 72.3050
Open price term 72.3060
Output, requirements and exclusive dealings 72.3070
Delivery in single lot or several lots 72.3080
Absence of specified place for delivery 72.3090
Absence of specific time provisions 72.3100
Open time for payment or running of credit 72.3110
Options and cooperation respecting performance 72.3120
Warranty of title and against infringement 72.3130
Express warranties by affirmation, promise, description, sample 72.3140
Implied warranty: merchantability 72.3150
Implied warranty: fitness for particular purpose 72.3160
Exclusion or modification of warranties 72.3170
Cumulation and conflict of warranties express or implied 72.3180
Third party beneficiaries of warranties express or implied 72.3190
F.O.B. and F.A.S. terms 72.3200
C.I.F. and C. and F. terms 72.3210
C.I.F. or C. and F.: “net landed weights” 72.3220
Delivery “ex-ship.” 72.3230
Form of bill of lading required in overseas shipment 72.3240
“No arrival, no sale” term 72.3250
“Letter of credit” term 72.3260
Sale on approval and sale or return 72.3270
Special incidents of sale on approval and sale or return 72.3280
Sale by auction 72.4005
Definitions for ORS 72.4010 and 72.4030 72.4010
Passing of title 72.4020
Rights of seller’s creditors against sold goods 72.4030
Power to transfer 72.5010
Insurable interest in goods 72.5020
Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency 72.5030
Manner of seller’s tender of delivery 72.5040
Shipment by seller 72.5050
Seller’s shipment under reservation 72.5060
Rights of financing agency 72.5070
Effect of seller’s tender 72.5080
Cure by seller of improper tender or delivery 72.5090
Risk of loss in the absence of breach 72.5100
Effect of breach on risk of loss 72.5110
Tender of payment by buyer 72.5120
Payment by buyer before inspection 72.5130
Buyer’s right to inspection of goods 72.5140
When documents deliverable on acceptance 72.5150
Preserving evidence of goods in dispute 72.6010
Buyer’s rights on improper delivery 72.6020
Manner and effect of rightful rejection 72.6030
Merchant buyer’s duties as to rightfully rejected goods 72.6040
Buyer’s options as to salvage of rightfully rejected goods 72.6050
Waiver of buyer’s objections by failure to particularize 72.6060
What constitutes acceptance of goods 72.6070
Effect of acceptance 72.6080
Revocation of acceptance in whole or in part 72.6090
Right to adequate assurance of performance 72.6100
Anticipatory repudiation 72.6110
Retraction of anticipatory repudiation 72.6120
“Installment contract” 72.6130
Casualty to identified goods 72.6140
Substituted performance 72.6150
Excuse by failure of presupposed conditions 72.6160
Procedure on notice claiming excuse 72.7010
Remedies for breach of collateral contracts not impaired 72.7020
Seller’s remedies on discovery of buyer’s insolvency 72.7030
Seller’s remedies in general 72.7040
Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods 72.7050
Seller’s stoppage of delivery in transit or otherwise 72.7060
Seller’s resale including contract for resale 72.7070
“Person in the position of a seller.” 72.7080
Seller’s damages for nonacceptance or repudiation 72.7090
Action for the price 72.7100
Seller’s incidental damages 72.7110
Buyer’s remedies in general 72.7120
“Cover” 72.7130
Buyer’s damages for nondelivery or repudiation 72.7140
Buyer’s damages for breach in regard to accepted goods 72.7150
Buyer’s incidental and consequential damages 72.7160
Buyer’s right to specific performance or replevin 72.7170
Deduction of damages from the price 72.7180
Liquidation or limitation of damages 72.7190
Contractual modification or limitation of remedy 72.7200
Effect of “cancellation” or “rescission” on claims for antecedent breach 72.7210
Remedies for fraud 72.7220
Who can sue third parties for injury to goods 72.7230
Proof of market price: time and place 72.7240
Admissibility of market quotations 72.7250
Statute of limitations in contracts for sale 72.8010
Definitions for ORS 72.8010 to 72.8200 72.8020
Manufacturer’s implied warranty of merchantability 72.8030
Manufacturer’s implied warranty of fitness 72.8040
Retailer’s or distributor’s implied warranty of fitness 72.8050
Disclaimer of implied warranty of merchantability or implied warranty of fitness 72.8060
Express warranty 72.8070
Right to make express warranty 72.8090
Form of express warranty 72.8100
Manufacturer’s service and repair 72.8110
Retailer’s service and repair of nonconforming good in absence of manufacturer’s service and repair facilities within state 72.8120
Time for commencement of service and repair 72.8130
Liability to retailer of manufacturer not maintaining service and repair facility within state 72.8140
Unauthorized or unreasonable use after sale 72.8150
Service contract in addition to or in lieu of express warranty 72.8160
Express warranty in addition to implied warranties 72.8170
Authority of manufacturer who makes express warranty to suggest methods of effectuating service and repair 72.8180
Buyer’s waiver of ORS 72.8010 to 72.8200 72.8190
Status of remedies under ORS 72.8010 to 72.8200 72.8200
Operative dates
Green check means up to date. Up to date

Current through early 2024

§ 72.3130’s source at oregon​.gov