These representations may be written or oral. Express warranties also arise by the use of samples or models. Any act of affirmative representation to the public regarding the nature and quality of a product may be grounds for a breach of warranty. Advertisements may also form the basis for express warranties. Once an express warranty is created, sellers are obliged by law to ensure that their products conform to representations.
Implied warranties arise by law.
They do not require any affirmative acts or statements on the part of the seller. Two implied warranties typically arise in commercial transactions. First, the implied warranty of merchantability is created whenever the seller of goods regularly deals in the goods. To be merchantable, goods must be fit for the ordinary purpose for which the goods are used. For example, a clothes dryer that overheats and causes a fire is not merchantable since it does not fit its ordinary purpose.