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Source Contract Interpretation Complete Contracts and UCC Article 2 List Matched to this deck.

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0 tracked cards Contracts

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 is barred whenever the seller also gives an opinion about value. An express warranty can never arise from a sample. An express warranty can arise from a factual affirmation, description, sample, or model that becomes part of the basis of the bargain. An express warranty arises only if the seller uses the word warrant.

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