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Source Buyer's Remedies Complete Contracts and UCC Article 2 List Matched to this deck.

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A seller showed a buyer a sample of industrial fabric and stated, "This fabric is flame resistant up to 500 degrees." The buyer ordered fabric relying on the sample and statement. The delivered fabric ignited at 300 degrees. The seller argues that no express warranty exists because the word warrant was never used.
Which statement is most accurate?

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An express warranty can never arise from a sample. An express warranty requires proof that the seller intended to create a legal warranty. An express warranty is impossible if the buyer inspected the goods. An express warranty can arise from a factual affirmation, description, sample, or model that becomes part of the basis of the bargain.

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