What defines express warranties in a sales contract?

Express warranties in a sales contract are specifically defined as warranties that arise from the seller's affirmations, promises, descriptions, or representations about the goods being sold. This means that if a seller makes a statement or guarantee regarding the quality, performance, or characteristics of a product, that statement constitutes an express warranty.

An express warranty does not require that the promises be in writing or formally documented; they can be verbal affirmations made during the sales process. For example, if a seller says a car is "new" or guarantees it will "run for at least three years without major issues," those statements create express warranties that the buyer can rely on.

In contrast, warranties based on trade usage refer to implied warranties that emerge from the practices and norms applicable in specific trade circles, rather than explicit promises made by the seller. Warranties given at the point of sale may refer to the context or form in which warranties are delivered but do not capture the essence of what constitutes an express warranty. Additionally, while written agreements may occur, express warranties can exist independently of written documentation. Thus, the essence of express warranties lies in the seller's explicit promises or affirmations about the goods.