{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-504.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-504.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-504.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-504.2.html"}],"law_id":54621,"edition_id":1,"section_id":54621,"structure_id":13649,"section_number":"59.1-504.2","catch_line":"Express warranty","history":"2000, cc. 101, 996.","full_text":"a\n\nSubject to subsection (c), an express warranty by a licensor is created as follows:1\n\nAn affirmation of fact or promise made by the licensor to its licensee, including by advertising, which relates to the information and becomes part of the basis of the bargain creates an express warranty that the information to be furnished under the agreement will conform to the affirmation or promise.2\n\nAny description of the information which is made part of the basis of the bargain creates an express warranty that the information will conform to the description.3\n\nAny sample, model, or demonstration of a final product which is made part of the basis of the bargain creates an express warranty that the performance of the information will reasonably conform to the performance of the sample, model, or demonstration, taking into account differences that would appear to a reasonable person in the position of the licensee between the sample, model, or demonstration and the information as it will be used.b\n\nIt is not necessary to the creation of an express warranty that the licensor use formal words, such as “warranty” or “guaranty”, or state a specific intention to make a warranty. However, an express warranty is not created by:1\n\nan affirmation or prediction merely of the value of the information or informational rights;2\n\na display or description of a portion of the information to illustrate the aesthetics, appeal, suitability to taste, subjective quality, or the like of informational content; or3\n\na statement purporting to be merely opinion or commendation of the information or informational rights.c\n\nAn express warranty or similar express contractual obligation, if any, exists with respect to published informational content covered by this chapter to the same extent that it would exist if the published informational content had been published in a form that placed it outside this chapter. However, if the warranty or similar express contractual obligation is breached, the remedies of the aggrieved party are those under this chapter and the agreement.","order_by":null,"text":{"0":{"id":200612,"text":"Subject to subsection (c), an express warranty by a licensor is created as follows:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":200613,"text":"An affirmation of fact or promise made by the licensor to its licensee, including by advertising, which relates to the information and becomes part of the basis of the bargain creates an express warranty that the information to be furnished under the agreement will conform to the affirmation or promise.","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":200614,"text":"Any description of the information which is made part of the basis of the bargain creates an express warranty that the information will conform to the description.","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":200615,"text":"Any sample, model, or demonstration of a final product which is made part of the basis of the bargain creates an express warranty that the performance of the information will reasonably conform to the performance of the sample, model, or demonstration, taking into account differences that would appear to a reasonable person in the position of the licensee between the sample, model, or demonstration and the information as it will be used.","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"b"},"4":{"id":200616,"text":"It is not necessary to the creation of an express warranty that the licensor use formal words, such as “warranty” or “guaranty”, or state a specific intention to make a warranty. However, an express warranty is not created by:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a3","next_prefix":"b1"},"5":{"id":200617,"text":"an affirmation or prediction merely of the value of the information or informational rights;","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"6":{"id":200618,"text":"a display or description of a portion of the information to illustrate the aesthetics, appeal, suitability to taste, subjective quality, or the like of informational content; or","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"7":{"id":200619,"text":"a statement purporting to be merely opinion or commendation of the information or informational rights.","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"c"},"8":{"id":200620,"text":"An express warranty or similar express contractual obligation, if any, exists with respect to published informational content covered by this chapter to the same extent that it would exist if the published informational content had been published in a form that placed it outside this chapter. However, if the warranty or similar express contractual obligation is breached, the remedies of the aggrieved party are those under this chapter and the agreement.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b3"}},"ancestry":[{"id":13649,"edition_id":1,"name":"Warranties","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:45:28","date_modified":"2026-06-26 03:45:28","permalink":{"id":262089,"object_type":"structure","relational_id":13649,"identifier":"4","token":"59.1\/43\/4","url":"\/59.1\/43\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61823,"structure_id":13649,"section_number":"59.1-504.1","catch_line":"Warranty and obligations concerning noninterference and noninfringement","url":"\/59.1-504.1\/","token":"59.1\/43\/4\/59.1-504.1","metadata":false},{"id":64119,"structure_id":13649,"section_number":"59.1-504.10","catch_line":"No implied warranties for free software","url":"\/59.1-504.10\/","token":"59.1\/43\/4\/59.1-504.10","metadata":false},{"id":65976,"structure_id":13649,"section_number":"59.1-504.11","catch_line":"Reserved","url":"\/59.1-504.11\/","token":"59.1\/43\/4\/59.1-504.11","metadata":false},{"id":54621,"structure_id":13649,"section_number":"59.1-504.2","catch_line":"Express warranty","url":"\/59.1-504.2\/","token":"59.1\/43\/4\/59.1-504.2","metadata":false},{"id":82986,"structure_id":13649,"section_number":"59.1-504.3","catch_line":"Implied warranty; merchantability of computer program","url":"\/59.1-504.3\/","token":"59.1\/43\/4\/59.1-504.3","metadata":false},{"id":66966,"structure_id":13649,"section_number":"59.1-504.4","catch_line":"Implied warranty; informational content","url":"\/59.1-504.4\/","token":"59.1\/43\/4\/59.1-504.4","metadata":false},{"id":62887,"structure_id":13649,"section_number":"59.1-504.5","catch_line":"Implied warranty; licensee's purpose; system integration","url":"\/59.1-504.5\/","token":"59.1\/43\/4\/59.1-504.5","metadata":false},{"id":59372,"structure_id":13649,"section_number":"59.1-504.6","catch_line":"Disclaimer or modification of warranty","url":"\/59.1-504.6\/","token":"59.1\/43\/4\/59.1-504.6","metadata":false},{"id":54825,"structure_id":13649,"section_number":"59.1-504.7","catch_line":"Modification of computer program","url":"\/59.1-504.7\/","token":"59.1\/43\/4\/59.1-504.7","metadata":false},{"id":69667,"structure_id":13649,"section_number":"59.1-504.8","catch_line":"Cumulation and conflict of warranties","url":"\/59.1-504.8\/","token":"59.1\/43\/4\/59.1-504.8","metadata":false},{"id":86480,"structure_id":13649,"section_number":"59.1-504.9","catch_line":"Third-party beneficiaries of warranty","url":"\/59.1-504.9\/","token":"59.1\/43\/4\/59.1-504.9","metadata":false}],"previous_section":{"id":65976,"structure_id":13649,"section_number":"59.1-504.11","catch_line":"Reserved","url":"\/59.1-504.11\/","token":"59.1\/43\/4\/59.1-504.11","metadata":false},"next_section":{"id":82986,"structure_id":13649,"section_number":"59.1-504.3","catch_line":"Implied warranty; merchantability of computer program","url":"\/59.1-504.3\/","token":"59.1\/43\/4\/59.1-504.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-504.2\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":262103,"object_type":"law","relational_id":54621,"identifier":"59.1-504.2","token":"59.1\/43\/4\/59.1-504.2","url":"\/59.1-504.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-504.2\/","token":"59.1\/43\/4\/59.1-504.2","dublin_core":{"Title":"Express warranty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-504.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Subject to subsection (c), an express warranty by a licensor is created as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An affirmation of fact<\/span> or promise made by the licensor to its licensee, including by advertising, which relates to the information and becomes part of the basis of the bargain creates an express warranty that the information to be furnished under the agreement will conform to the affirmation or promise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any description of the information which is made part of the basis of the bargain creates an express warranty that the information will conform to the description. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any sample, model, or demonstration of a final product which is made part of the basis of the bargain creates an express warranty that the performance of the information will reasonably conform to the performance of the sample, model, or demonstration, taking into account differences that would appear to a reasonable person in the position of the licensee between the sample, model, or demonstration and the information as it will be used. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> It is not necessary to the creation of an express warranty that the licensor use formal words, such as “warranty” or “guaranty”, or state a specific intention to make a warranty. However, an express warranty is not created by: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> an affirmation or prediction merely of the value of the information or informational rights; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> a display or description of a portion of the information to illustrate the aesthetics, appeal<\/span>, suitability to taste, subjective quality, or the like of informational content; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> a statement purporting to be merely opinion<\/span> or commendation of the information or informational rights. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> An express warranty or similar express contractual obligation, if any, exists with respect to published informational content covered by this chapter to the same extent that it would exist if the published informational content had been published in a form that placed it outside this chapter. However, if the warranty or similar express contractual obligation is breached, the remedies of the aggrieved party<\/span> are those under this chapter and the agreement. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXPRESS WARRANTY (\u00a7 59.1-504.2)\n\na. Subject to subsection (c), an express warranty by a licensor is created as\nfollows:\n\n 1. An affirmation of fact or promise made by the licensor to its licensee,\n including by advertising, which relates to the information and becomes part of\n the basis of the bargain creates an express warranty that the information to\n be furnished under the agreement will conform to the affirmation or promise.\n\n 2. Any description of the information which is made part of the basis of the\n bargain creates an express warranty that the information will conform to the\n description.\n\n 3. Any sample, model, or demonstration of a final product which is made part\n of the basis of the bargain creates an express warranty that the performance\n of the information will reasonably conform to the performance of the sample,\n model, or demonstration, taking into account differences that would appear to\n a reasonable person in the position of the licensee between the sample, model,\n or demonstration and the information as it will be used.\n\nb. It is not necessary to the creation of an express warranty that the licensor\nuse formal words, such as “warranty” or “guaranty”, or\nstate a specific intention to make a warranty. However, an express warranty is\nnot created by:\n\n 1. an affirmation or prediction merely of the value of the information or\n informational rights;\n\n 2. a display or description of a portion of the information to illustrate the\n aesthetics, appeal, suitability to taste, subjective quality, or the like of\n informational content; or\n\n 3. a statement purporting to be merely opinion or commendation of the\n information or informational rights.\n\nc. An express warranty or similar express contractual obligation, if any, exists\nwith respect to published informational content covered by this chapter to the\nsame extent that it would exist if the published informational content had been\npublished in a form that placed it outside this chapter. However, if the\nwarranty or similar express contractual obligation is breached, the remedies of\nthe aggrieved party are those under this chapter and the agreement.\n\nHISTORY: 2000, cc. 101, 996.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}