§ 34.1-2-316 — Exclusion or modification of warranties

Wyoming § 34.1-2-316

• Jurisdiction: Wyoming
• Title 34.1: Uniform Commercial Code
• Art. 2: SALES

Text

(a) 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 (section 34.1-2-202) negation or
limitation is inoperative to the extent that such construction
is unreasonable.
(b) 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) Notwithstanding subsection (b) of this section:
(i) 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
(ii) 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
(iii) An implied warranty can also be excluded or
modified by course of dealing or course of performance or usage
of trade; and
(iv) The implied warranties of merchantability and
fitness shall not be applicable to a contract for the sale of
human blood, blood plasma or other human tissue or organs from
an individual or a blood bank or reservoir of such other tissues
or organs. Such blood, blood plasma or tissue or organs shall
not for the purpose of this article be considered commodities
subject to sale or barter, but shall be considered as medical
services;
(v) With respect to the sale of cattle, hogs, sheep
and horses, there shall be no implied warranty that the cattle,
hogs, sheep and horses are free from disease.
(d) 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
(sections 34.1-2-718 and 34.1-2-719).