A claim for breach of express warranty governed by UCC article 2 is a suit based on a written contract, even though the plaintiff did not plead a breach of contract claim and did not recover on that theory.... a party who prevails on a breach of express warranty claim may recover attorney's fees.
"A warranty that the goods shall be merchantable is implied in a contract for their sale if their seller is a merchant with respect to goods of that kind." "An implied warranty is a representation about the implied quality or suitability of a product that the law implies and importsinto a contract." ... In other words, an implied warranty becomes part of the terms of a contract.