Section 2--316. Exclusion or Modification of Warranties  


Latest version.
  • (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.
        (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).