Sec. 42a-2-316. Exclusion or modification of warranties. - Connecticut Statutes

      Sec. 42a-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 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 section 42a-2-718 on liquidation or limitation of damages and section 42a-2-719 on contractual modification of remedy.

      (5) The provisions of subsections (2), (3) and (4) shall not apply to sales of new or unused consumer goods, except for those goods clearly marked "irregular", "factory seconds" or "damaged". Any language, oral or written, used by a seller or manufacturer of consumer goods, which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify the consumer's remedies for breach of those warranties, shall be unenforceable.

      (1959, P.A. 133, S. 2-316; P.A. 83-320.)

      History: P.A. 83-320 added Subsec. (5) which prohibits the exclusion or modification of implied warranties in certain circumstances.

      See Sec. 42a-2-202 re final written expression of contract.

      Cited. 184 C. 607. Cited. 203 C. 342. Cited. 204 C. 399. Cited. 226 C. 748. Cited. 241 C. 725.

      Cited. 31 CA 455. Cited. 33 CA 575.

      Cited. 32 CS 69.

      Conclusion of trial court that there was no warranty express or implied in sale by defendant of car will not be disturbed where salesman sold car "as is" and sales contract and receipt were stamped "no guarantees". 4 Conn. Cir. Ct. 683. Layman's use of the term "guaranty" is equated to "warranty". Id. Cited. 6 Conn. Cir. Ct. 482.

      Subsec. (1):

      Cited. 218 C. 297.

      Subsec. (2):

      Cited. 206 C. 409.

      Cited. 6 Conn. Cir. Ct. 482.

      Subsec. (3):

      Subdiv. (c) cited. 33 CS 108.