400.2-316. Exclusion or modification of warranties--livestock warranties of fitness to be in writing. - Missouri Statutes

Exclusion or modification of warranties--livestock warranties offitness to be in writing.

400.2-316. (1) Words or conduct relevant to the creation ofan express warranty and words or conduct tending to negate orlimit warranty shall be construed wherever reasonable asconsistent with each other; but subject to the provisions of thisarticle on parol or extrinsic evidence (section 400.2-202)negation or limitation is inoperative to the extent that suchconstruction is unreasonable.

(2) Subject to subsection (3), to exclude or modify theimplied warranty of merchantability or any part of it thelanguage must mention merchantability and in case of a writingmust be conspicuous, and to exclude or modify any impliedwarranty of fitness the exclusion must be by a writing andconspicuous. Language to exclude all implied warranties offitness is sufficient if it states, for example, that "There areno warranties which extend beyond the description on the facehereof".

(3) Notwithstanding subsection (2)

(a) unless the circumstances indicate otherwise, all impliedwarranties are excluded by expressions like "as is", "with allfaults" or other language which in common understanding calls thebuyer's attention to the exclusion of warranties and makes plainthat there is no implied warranty;

(b) when the buyer before entering into the contract hasexamined the goods or the sample or model as fully as he desiredor has refused to examine the goods there is no implied warrantywith regard to defects which an examination ought in thecircumstances to have revealed to him; and

(c) an implied warranty can also be excluded or modified bycourse of dealing or course of performance or usage of trade.

(4) Remedies for breach of warranty can be limited inaccordance with the provisions of this article on liquidation orlimitation of damages and on contractual modification of remedy(sections 400.2-718 and 400.2-719).

(5) A seller is not liable for damages resulting from thelack of merchantability or fitness for a particular purpose oflivestock he sells if the contract for the sale of the livestockdoes not contain a written statement as to a warranty ofmerchantability or fitness for a particular purpose of thelivestock.

(L. 1963 p. 503 § 2-316, A.L. 1980 H.B. 972)

(1979) Sale of used or second-hand goods is covered by provisions of the Uniform Commercial Code and an implied warranty of merchantability may arise. Worthey, et al. v. Specialty Foam Products, Inc. (A.), 591 S.W.2d 145.

(1981) Manufacturer may properly disclaim liability expressly to consumer in some manner calculated to give proper notice to such consumer. Groppel Co., Inc. v. U.S. Gypsum Co. (A.), 616 S.W.2d 49.