The U.C.C. provides that express warranties may arise in a number of circumstances:
- Any promise relating to the goods is deemed to be an express warranty. The promise need not use the words "warranty" or "guarantee."
- Express warranties may arise when a vendor provides a sample product, such as demo or trial version of software. If a buyer relies on the trial version of software as a basis for acquiring the full-featured product, the purchased product will carry an express warranty that it will conform to the sample, unless disclaimed in an enforceable agreement.
- A description of goods upon which the buyer relies may become an express warranty. A statement by the vendor as to a product's quality, its price, or other factors on which a buyer might rely could become part of the agreement.