§ 6A-2-316 - Exclusion or modification of warranties.
SECTION 6A-2-316
§ 6A-2-316 Exclusion or modification ofwarranties. – (1) Words or conduct relevant to the creation of an express warranty and wordsor conduct tending to negate or limit warranty shall be construed whereverreasonable as consistent with each other; but subject to the provisions of thischapter on parol or extrinsic evidence (§ 6A-2-202), negation orlimitation is inoperative to the extent that such construction is unreasonable.
(2) Subject to subsection (3), to exclude or modify theimplied warranty of merchantability or any part of it the language must mentionmerchantability and, in case of a writing, must be conspicuous, and to excludeor modify any implied warranty of fitness the exclusion must be by a writingand conspicuous. Language to exclude all implied warranties of fitness issufficient if it states, for example, that "There are no warranties whichextend beyond the description on the face hereof."
(3) Notwithstanding subsection (2),
(a) Unless the circumstances indicate otherwise, all impliedwarranties are excluded by expressions like "as is", "with all faults" or otherlanguage which in common understanding calls the buyer's attention to theexclusion of warranties and makes plain that there is no implied warranty; and
(b) When the buyer before entering into the contract hasexamined the goods or the sample or model as fully as he or she desired, or hasrefused to examine the goods, there is no implied warranty with regard todefects which an examination ought in the circumstance to have revealed to himor her; and
(c) An implied warranty can also be excluded or modified bycourse of dealing or course of performance or usage by trade.
(4) Remedies for breach of warranty can be limited inaccordance with the provisions of this chapter on liquidation or limitation ofdamages and on contractual modification of remedy. (§§ 6A-2-718 and6A-2-719.)