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California Commercial Code Section 2316

Legal Research Home > California Laws > Commercial Code > California Commercial Code Section 2316

2316.  (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 division on parol or extrinsic
evidence (Section 2202) negation or limitation is inoperative to the
extent that such construction is unreasonable.
   (2) Subject to subdivision (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 subdivision (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 division on liquidation or limitation of
damages and on contractual modification of remedy (Sections 2718 and
2719).

Last modified: February 22, 2013