Sec. 42a-2-316. Exclusion or modification of warranties.
Sec. 42a-2-316. Exclusion or modification of warranties. (1) Words or conduct
relevant to the creation of an express warranty and words or conduct tending to negate
or limit warranty shall be construed wherever reasonable as consistent with each other;
but subject to the provisions of this article on parol or extrinsic evidence negation or
limitation is inoperative to the extent that such construction is unreasonable.
(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of
a writing must be conspicuous, and to exclude or modify any implied warranty of fitness
the exclusion must be by a writing and conspicuous. Language to exclude all implied
warranties of fitness is sufficient if it states, for example, that "There are no warranties
which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2), (a) unless the circumstances indicate otherwise,
all implied warranties are excluded by expressions like "as is", "with all faults" or other
language which in common understanding calls the buyer's attention to the exclusion
of warranties and makes plain that there is no implied warranty; and (b) when the buyer
before entering into the contract has examined the goods or the sample or model as fully
as he desired or has refused to examine the goods there is no implied warranty with
regard to defects which an examination ought in the circumstances to have revealed to
him; and (c) an implied warranty can also be excluded or modified by course of dealing
or course of performance or usage of trade.
(4) Remedies for breach of warranty can be limited in accordance with the provisions of section 42a-2-718 on liquidation or limitation of damages and section 42a-2-719 on contractual modification of remedy.
(5) The provisions of subsections (2), (3) and (4) shall not apply to sales of new or
unused consumer goods, except for those goods clearly marked "irregular", "factory
seconds" or "damaged". Any language, oral or written, used by a seller or manufacturer
of consumer goods, which attempts to exclude or modify any implied warranties of
merchantability and fitness for a particular purpose or to exclude or modify the consumer's remedies for breach of those warranties, shall be unenforceable.
(1959, P.A. 133, S. 2-316; P.A. 83-320.)
History: P.A. 83-320 added Subsec. (5) which prohibits the exclusion or modification of implied warranties in certain
circumstances.
See Sec. 42a-2-202 re final written expression of contract.
Cited. 184 C. 607. Cited. 203 C. 342. Cited. 204 C. 399. Cited. 226 C. 748. Cited. 241 C. 725.
Cited. 31 CA 455. Cited. 33 CA 575.
Cited. 32 CS 69.
Conclusion of trial court that there was no warranty express or implied in sale by defendant of car will not be disturbed
where salesman sold car "as is" and sales contract and receipt were stamped "no guarantees". 4 Conn. Cir. Ct. 683. Layman's
use of the term "guaranty" is equated to "warranty". Id. Cited. 6 Conn. Cir. Ct. 482.
Subsec. (1):
Cited. 218 C. 297.
Subsec. (2):
Cited. 206 C. 409.
Cited. 6 Conn. Cir. Ct. 482.
Subsec. (3):
Subdiv. (c) cited. 33 CS 108.