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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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