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91_HB2127
LRB9103368DJcd
1 AN ACT to amend the Uniform Commercial Code by changing
2 Section 2-313.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Uniform Commercial Code is amended by
6 changing Section 2-313 as follows:
7 (810 ILCS 5/2-313) (from Ch. 26, par. 2-313)
8 Sec. 2-313. Express warranties by affirmation, promise,
9 description, sample.
10 (1) Express warranties by the seller are created as
11 follows:
12 (a) Any affirmation of fact or promise made by the
13 seller to the buyer which relates to the goods and becomes
14 part of the basis of the bargain creates an express warranty
15 that the goods shall conform to the affirmation or promise.
16 (b) Any description of the goods which is made part
17 of the basis of the bargain creates an express warranty that
18 the goods shall conform to the description.
19 (c) Any sample or model which is made part of the
20 basis of the bargain creates an express warranty that the
21 whole of the goods shall conform to the sample or model.
22 (2) It is not necessary to the creation of an express
23 warranty that the seller use formal words such as "warrant"
24 or "guarantee" or that he have a specific intention to make a
25 warranty, but an affirmation merely of the value of the goods
26 or a statement purporting to be merely the seller's opinion
27 or commendation of the goods does not create a warranty.
28 (3) If a written contract for the sale of goods contains
29 an express warranty covering the repair of the goods, the
30 warranty must include the following in 10 point boldface
31 type:
-2- LRB9103368DJcd
1 (a) The maximum length of time that the seller may
2 take to repair the goods before a breach of the warranty
3 will be deemed to have occurred.
4 (b) Whether the period during which the goods are
5 awaiting repair or being repaired extends the period for
6 which the goods are covered by the warranty and, if so,
7 the length of that extension.
8 (Source: Laws 1961, p. 2101.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.