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A warranty given by words of the seller rather than by law or circumstances. A statement that the subject of the sale has a certain quality or condition.


'An express warranty is created by any affirmation of fact made by the seller to the buyer which relates to the goods and becomes a part of the basis of the bargain.' Garriffa v. Taylor, 675 P.2d 1284, 1286 (Wyo.1984), see also Wyo. Stat. § 34.1-2-313(a)(ii) (1997) ('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[.]'). 'In order for an express warranty to exist, there must be some positive and unequivocal statement concerning the thing sold which is relied on by the buyer and which is understood to be an assertion concerning the items sold and not an opinion.' Garriffa, 675 P.2d at 1286. A representation which expresses the seller's opinion, belief, judgment or estimate does not constitute an express warranty. Id. The primary question is whether there was an affirmation of fact which amounted to an express warranty or whether the representations were merely opinions. The answer to ...

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