§490:2-316  Exclusion or modification of
warranties.  (1)  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 490:2-202)
negation or limitation is inoperative to the extent that such construction is
unreasonable.



(2)  Subject to subsection (3), 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".



(3)  Notwithstanding subsection (2):



(a) 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;



(b) 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



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



(4)  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
490:2-718 and 490:2-719). [L 1965, c 208, §2-316; HRS §490:2-316]



 



Case Notes



 



  Cited:  56 H. 466, 540 P.2d 978.