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 chapter on parol or extrinsic evidence (section 47-2202) negation or limitation is inoperative to the extent that such construction is unreasonable.
B. Subject to subsection C of this section, 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:
1. 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
2. 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
3. An implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.
D. Remedies for breach of warranty can be limited in accordance with the provisions of this chapter on liquidation or limitation of damages and on contractual modification of remedy (sections 47-2718 and 47-2719).
Notes of Decisions
Johnson v. Earnhardt's Gilbert Dodge, Inc., 111 P.3d 417 (Ariz. Ct. App. 2005).
· cites it 6× “"Unless excluded or modified (§ 47-2316), a warranty that goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”
Nomo Agroindustrial Sa De CV v. Enza Zaden North Am., Inc., 492 F. Supp. 2d 1175 (D. Ariz. 2007).
· cites it 8× “§ 47-2313 Comment 4 (“A clause generally disclaiming ‘all warranties, express or implied’ cannot reduce the seller’s obligation with respect to such description and therefore cannot be given literal effect under [A.”
Scovil v. Medtronic, Inc., 995 F. Supp. 2d 1082 (D. Ariz. 2014).
“Statutes § 47-2316; (Pis.’ Resp. at 17.) Consequently, the Court dismisses Count Eight because all warranties were disclaimed.”
Raatz v. Dealer Trade Inc., 261 F. Supp. 3d 997 (D. Ariz. 2017).
· cites it 4× “Specifically, A.R.S. § 47-2316(A) states that “[w]ords 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[,]” and that “negation .”
Tina Zambrano v. M & Rc II LLC (Ariz. 2022).
· cites it 4× “It argues that because those warranties can be waived, see A.R.S. § 47-2316(B), we should similarly conclude that the implied warranty here can be disclaimed and waived.”
— Ariz. Rev. Stat. § 47-2316(A) — 2 cases
Raatz v. Dealer Trade Inc., 261 F. Supp. 3d 997 (D. Ariz. 2017).
“Specifically, A.R.S. § 47-2316(A) states that “[w]ords 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[,]” and that “negation .”
Nomo Agroindustrial Sa De CV v. Enza Zaden North Am., Inc., 492 F. Supp. 2d 1175 (D. Ariz. 2007).
“§ 47-2313 Comment 4 (“A clause generally disclaiming ‘all warranties, express or implied’ cannot reduce the seller’s obligation with respect to such description and therefore cannot be given literal effect under [A.”
— Ariz. Rev. Stat. § 47-2316(B) — 1 case
Tina Zambrano v. M & Rc II LLC (Ariz. 2022).
“It argues that because those warranties can be waived, see A.R.S. § 47-2316(B), we should similarly conclude that the implied warranty here can be disclaimed and waived.”
— Ariz. Rev. Stat. § 47-2316(C)(1) — 1 case
Johnson v. Earnhardt's Gilbert Dodge, Inc., 111 P.3d 417 (Ariz. Ct. App. 2005).
“"Unless excluded or modified (§ 47-2316), a warranty that goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.