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§12A-2-316.
§12A-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 (Section
2-202) 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; and
(d) the implied warranties of merchantability and fitness do not apply
to the sale or barter of livestock or its unborn young, provided that
seller offers sufficient evidence that all state and federal
regulations pertaining to the health of such animals were complied
with; provided, however, that the implied warranties of
merchantability and fitness shall apply to the sale or barter of
horses.
(4) Remedies for breach of warranty can be limited in accordance with
the provisions of this Article on liquidation or limitation of damages
and on contractual modification of remedy (Sections 2-718 and 2-719).
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