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UCC 2-313 provides, in relevant part: 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 a part of the basis of the bargain creates an express warranty that the goods shall conform to the description.


The issue whether a particular affirmation of fact made by the seller constitutes an express warranty is ...