UJI 13-1428. Creation and breach of express warranty.

A supplier’s [description] [statement of fact] about [goods] [a product] which the supplier sells, creates a warranty that the [goods] [product] will conform to the [description] [statement of fact], if, (1) the supplier communicated the [description] [statement of fact] under circumstances which make it fair to regard it as part of the contract, and (2) the [description] [statement of fact] is of a kind which would influence the buyer’s decision to buy the [goods] [product]. [A warranty is not created by sales talk which a reasonably prudent buyer would interpret as merely a salesperson’s recommendation or opinion.] [A sample or model of the [goods] [product] may be used to create a warranty that the [goods] [product] will conform to the sample or model.] A supplier breaches an express warranty if the [goods] [product] do not conform to the supplier’s [description] [statement of fact] of their condition or promised performance.