Section 2A-210 - Express warranties(1) Express warranties by the lessor are created as follows: (a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee", or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.Okla. Stat. tit. 12A, § 2A-210
Added by Laws 1988, HB 1683, c. 86, § 19, eff. 11/1/1988.Oklahoma Code Comment
Perhaps the most significant contribution Article 2A makes to Oklahoma law, aside from the clarity it introduces concerning remedies, is to create a clear and comprehensive structure with respect to warranties in leases.
While no reported Oklahoma decision concerning an alleged express warranty in a lease was located, since under § 2A-210(1)(b) a description of the goods creates an express warranty, this provision for the first will provide a definite framework for express warranty in the numerous leasing contracts that are entered into each day in Oklahoma.
The 1991 amendments make no change here.