2006 Code of Virginia § 8.2-316 - Exclusion or modification of warranties

8.2-316. Exclusion or modification of warranties.

(1) Words or conduct relevant to the creation of an express warranty andwords or conduct tending to negate or limit warranty shall be construedwherever reasonable as consistent with each other; but subject to theprovisions of this title on parol or extrinsic evidence ( 8.2-202) negationor limitation is inoperative to the extent that such construction isunreasonable.

(2) Subject to subsection (3), to exclude or modify the implied warranty ofmerchantability or any part of it the language must mention merchantabilityand in case of a writing must be conspicuous, and to exclude or modify anyimplied warranty of fitness the exclusion must be by a writing andconspicuous. Language to exclude all implied warranties of fitness issufficient if it states, for example, that "There are no warranties whichextend beyond the description on the face hereof."

(3) Notwithstanding subsection (2)

(a) unless the circumstances indicate otherwise, all implied warranties areexcluded by expressions like "as is," "with all faults" or other languagewhich in common understanding calls the buyer's attention to the exclusion ofwarranties and makes plain that there is no implied warranty; and

(b) when the buyer before entering into the contract has examined the goodsor the sample or model as fully as he desired or has refused to examine thegoods there is no implied warranty with regard to defects which anexamination ought in the circumstances to have revealed to him; and

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

(4) Remedies for breach of warranty can be limited in accordance with theprovisions of this title on liquidation or limitation of damages and oncontractual modification of remedy ( 8.2-718 and 8.2-719).

(1964, c. 219.)