Haw. Rev. Stat. § 490:2-313
HRS § 490:2-313
The foundation of every express warranty provision is the core description; defendant offered an express warranty on the artwork. 745 F. Supp. 1556. Plaintiff alleged facts sufficient to state a claim for breach of an express warranty, where plaintiff purchased an automobile covered by a written warranty that plaintiff claimed defendant breached in violation of federal and state law. 459 F. Supp. 2d 1028. A breach of express warranty action could be a basis for a derivative wrongful death action brought pursuant to § 663-3. 86 H. 383 (App.), 949 P.2d 1004. Reliance is not an essential element of a breach of express warranty claim under the UCC.86 Haw. 383 (App.),949 P.2d 1004. Seller's contractual description of crane as being equipped with 30-inch-wide treads was part of basis of bargain with buyer, and constituted an express warranty which seller breached when it delivered crane with 24-inch-wide treads.86 Haw. 383 (App.),949 P.2d 1004. Under the UCC, a seller's statements to a buyer regarding goods sold, made during the bargaining process, are presumptively part of the basis of the bargain between seller and buyer; thus burden is on seller to prove that resulting bargain did not rest at all on seller's statements.86 Haw. 383 (App.),949 P.2d 1004. Where no evidence that advertisements were given to buyer as part of bargaining process, were part of contract documents, or that buyer read or was even aware of advertisements, advertisements did not become part of basis of the bargain amounting to an express warranty.86 Haw. 383 (App.),949 P.2d 1004.