Corpus

Exclusion or modification to warranties.

Miss. Code Ann. § 75-2-316
in effect
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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 Section 75-2-202, negation or limitation is inoperative to the extent that such construction is unreasonable. To exclude or modify the implied warranty of merchantability or any part of it in a contract between merchants the language must mention merchantability and in case of a record must be conspicuous. To exclude or modify the implied warranty of fitness in a contract between merchants, the exclusion must be in a record and be conspicuous and the language is sufficient if it states, for example, that “There are no warranties that extend beyond the description on the face hereof.” Notwithstanding subsection (1) and (2), any oral or written language used by a seller of consumer goods and services, which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify the consumer’s remedies for breach of those warranties, is unenforceable. However, the seller may recover from the manufacturer any damages resulting from breach of the implied warranty of merchantability or fitness for a particular purpose. Any oral or written language used by a manufacturer of consumer goods, which attempts to limit or modify a consumer’s remedies for breach of the manufacturer’s express warranties, is unenforceable. The provisions of subsections (3) and (4) do not apply to a motor vehicle: Required to be titled under the state law; That is over six (6) model years old or that has been driven more than seventy-five thousand (75,000) miles; and If, at the time of the sale of the motor vehicle, the seller gives the purchaser notice of the inapplicability of this section on the form prescribed by the State Attorney General. With respect to this subsection (5) only: An exclusion or modification of an implied warranty of merchantability, or any part of a warranty shall be in writing, mention merchantability, and be conspicuous. An exclusion or modification of the implied warranty of fitness shall be in writing and conspicuous. Any exclusion or modification of either warranty shall be separately acknowledged by the signature of the buyer. Notwithstanding subsection (2): Unless the circumstances indicate otherwise, in contracts between merchants all implied warranties are excluded by expressions like “as is,” “with all faults” or other language that in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty; and For sales between merchants, an implied warranty may also be excluded or modified by course of dealing or course of performance or usage of trade. Remedies for breach of warranty may be limited in accordance with Sections 75-2-718 and 75-2-719.