2006 Code of Virginia § 59.1-504.6 - Disclaimer or modification of warranty

59.1-504.6. Disclaimer or modification of warranty.

(a) Words or conduct relevant to the creation of an express warranty andwords or conduct tending to disclaim or modify an express warranty must beconstrued wherever reasonable as consistent with each other. Subject to 59.1-503.1 with regard to parol or extrinsic evidence, the disclaimer ormodification is inoperative to the extent that such construction isunreasonable.

(b) Except as otherwise provided in subsections (c), (d), and (e), todisclaim or modify an implied warranty or any part of it, but not thewarranty in 59.1-504.1, the following rules apply:

(1) Except as otherwise provided in this subsection:

(A) To disclaim or modify the implied warranty arising under 59.1-504.3,language must mention "merchantability" or "quality" or use words ofsimilar import and, if in a record, must be conspicuous.

(B) To disclaim or modify the implied warranty arising under 59.1-504.4,language in a record must mention "accuracy" or use words of similar import.

(2) Language to disclaim or modify the implied warranty arising under 59.1-504.5 must be in a record and be conspicuous. It is sufficient to state,"There is no warranty that this information, our efforts, or the system willfulfill any of your particular purposes or needs," or words of similarimport.

(3) Language in a record is sufficient to disclaim all implied warranties ifit individually disclaims each implied warranty or, except for the warrantyin 59.1-504.1, if it is conspicuous and states, "Except for expresswarranties stated in this contract, if any, this information, computerprogram is provided with all faults, and the entire risk as to satisfactoryquality, performance, accuracy, and effort is with the user," or words ofsimilar import.

(4) A disclaimer or modification sufficient under Title 8.2 or 8.2A todisclaim or modify an implied warranty of merchantability is sufficient todisclaim or modify the warranties under 59.1-504.3 and 59.1-504.4. Adisclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim ormodify an implied warranty of fitness for a particular purpose is sufficientto disclaim or modify the warranties under 59.1-504.5.

(c) Unless the circumstances indicate otherwise, all implied warranties, butnot the warranty under 59.1-504.1, are disclaimed by expressions like "asis" or "with all faults" or other language that in common understandingcalls the licensee's attention to the disclaimer of warranties and makesplain that there are no implied warranties.

(d) If a licensee before entering into a contract has examined theinformation or the sample or model as fully as he desired or has refused toexamine the information, there is no implied warranty with regard to defectsthat an examination ought in the circumstances to have revealed to thelicensee.

(e) An implied warranty may also be disclaimed or modified by course ofperformance, course of dealing, or usage of trade.

(f) If a contract requires ongoing performance or a series of performances bythe licensor, language of disclaimer or modification which complies with thissection is effective with respect to all performances under the contract.

(g) Remedies for breach of warranty may be limited in accordance with thischapter with respect to liquidation or limitation of damages and contractualmodification of remedy.

(2000, cc. 101, 996.)