Title 11, Chapter 2, Section 316
( 11-2-316)
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 (Code Section 11-2-202) negation or limitation is inoperative to the extent that such construction is unreasonable. (2) Subject to subsection (3) of this Code section, 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) of this Code section: (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) With respect to the sale of cattle, hogs, and sheep by a
licensed auction company or by an agent, there shall be no implied
warranty by said auction company or agent that the cattle, hogs,
and sheep are free from disease; provided, however, that the
provisions of this paragraph shall not be applicable to
brucellosis reactor cattle detected at an official state
laboratory within 30 days following the date of sale. (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 (Code Sections 11-2-718 and 11-2-719). (5) The implied warranty of merchantability under Code Section 11-2-314 and the implied warranty of fitness for a particular purpose under Code Section 11-2-315 shall not be applicable to the procurement, processing, storage, distribution, or use of whole human blood, blood plasma, blood products, blood derivatives, or other human tissue or organs for the purpose of injecting, transfusing, incorporating, or transplanting any of them into the human body. The injection, transfusion, or other transfer of blood, blood plasma, blood products, or blood derivatives and the transplanting or other transfer of any tissue, bones, or organs into or unto the human body shall not be considered, for the purpose of this article, commodities subject to sale or barter, but shall be considered as medical services. |