These product warranty and disclaimer clauses can be used in a commercial contract to set forth the applicable warranty for goods and the express language required to disclaim the implied warranties of merchantability and fitness for a particular purpose. This template includes practical guidance and drafting notes. Pursuant to the Uniform Commercial Code (UCC), an express warranty may come into existence by (1) a seller's affirmation or promise relating to the goods, (2) a description of the goods, or (3) by a sample or model of the goods, provided that any of these are made a part of the basis of the parties' bargain. U.C.C. § 2-313. An express warranty may be created without express language written into a contract, nor is it required that words such as "warrant," "guarantee" or the like be used. In contrast, an implied warranty is an obligation that arises and is placed on a seller of goods by operation of law or because of a course of dealing, usage of trade or course of ...