Court Opinions

State Laws

US Code

US Constitution

Exclusion or modification of warranties - 13 Pa. Cons. Stat. § 2316

Legal Research Home > Pennsylvania Statutes

     § 2316.  Exclusion or modification of warranties.
        (a)  Construction of words or conduct limiting warranties.--
     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.
        (b)  Implied warranties of merchantability and fitness.--
     Subject to subsection (c), 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."
        (c)  Implied warranties in general.--Notwithstanding
     subsection (b):
            (1)  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 attention of the buyer to the
        exclusion of warranties and makes plain that there is no
        implied warranty.
            (2)  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.
            (3)  An implied warranty can also be excluded or modified
        by course of dealing or course of performance or usage of
        trade.
        (d)  Limitation of remedies for breach of warranty.--Remedies
     for breach of warranty can be limited in accordance with the
     provisions of this division on liquidation or limitation of
     damages (section 2718) and on contractual modification of remedy
     (section 2719).

        Cross References.  Section 2316 is referred to in sections
     2314, 2315 of this title.

Last modified: November 27, 2007