50-639. Disclaimer or limitation of warranties; liabilities; attorney fees, when; section inapplicable to seed for planting, livestock for agricultural purposes or disposal of surplus property by a go
50-639
50-639. Disclaimer or limitation of warranties;liabilities; attorneyfees, when; section inapplicable to seed for planting, livestock foragricultural purposes or disposal of surplus property by a governmentalentity.(a) Notwithstanding any other provisions of law, with respect to property whichis the subject of or is intended to become the subject of a consumertransaction in this state, no supplier shall:
(1) Exclude, modify or otherwise attempt to limit the implied warranties ofmerchantability as defined in K.S.A. 84-2-314, and amendments thereto, andfitness for a particular purpose, as defined in K.S.A. 84-2-315, andamendmentsthereto; or
(2) exclude, modify or attempt to limit any remedy provided by law,including the measure of damages available, for a breach of impliedwarranty of merchantability and fitness for a particular purpose.
(b) Notwithstanding any provision of law, no action for breach ofwarranty with respect to property subject to a consumer transactionshall fail because of a lack of privity between the claimant and theparty against whom the claim is made. An action against any supplier forbreach of warranty with respect to property subject to a consumer transactionshall not, of itself, constitute a bar to the bringing of an action againstanother person.
(c) A supplier may limit the supplier's implied warranty ofmerchantability and fitness for a particular purpose with respect to adefect or defects in the property only if the supplier establishes thatthe consumer had knowledge of the defect or defects, which became thebasis of the bargain between the parties. In neither case shall suchlimitation apply to liability for personal injury or property damage.
(d) Nothing in this section shall be construed to expand the impliedwarranty of merchantability as defined in K.S.A. 84-2-314, and amendmentsthereto, to involve obligations in excess of those which are appropriate to theproperty.
(e) A disclaimer or limitation in violation of this section is void. If aconsumer prevails in an action based upon breach of warranty, and the supplierhas violated this section, the court may, in addition to any damages recovered,award reasonable attorney fees and a civil penalty under K.S.A. 50-636, andamendments thereto, to be paid by the supplier who gave the improperdisclaimer.
(f) The making of a limited express warranty is not in itself aviolation of this section.
(g) This section shall not apply to seed for planting.
(h) This section shall not apply to sales of livestock for agriculturalpurposes, other than sales of livestock for immediate slaughter, exceptin cases where the supplier knowingly sells livestock which is diseased.
(i) This section shall not apply to the disposal of surplus property byany governmental entity if the governmental entity has given conspicuouswritten notice of the warranty limitation, exclusion or disclaimer. In thecase of surplus property which is a motor vehicle, a notice of such limitation,exclusion or disclaimer shall be affixed to a side window of the motor vehicle. Such notice shall comply with the buyers guide required by16 CFR 455.2 and 16 CFR 455.3 (as in effect on the effective date of thisact).
History: L. 1973, ch. 217, § 17; L. 1974, ch. 230, § 5; L. 1976,ch. 236, § 8; L. 1981, ch. 215, § 1; L. 1988, ch. 193, § 2; L. 1991,ch. 159, § 11;L. 1998, ch. 99, § 2; Apr. 16.