Florida Statute 672.316 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.316

672.316 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 chapter on parol or extrinsic evidence (s. 672.202), 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” or “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

(b) When the buyer before entering into the contract has examined the goods or the sample or model as fully as he or she 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 or her; and

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

(d) In a transaction involving the sale of cattle or hogs, there is no implied warranty that the cattle or hogs are free from sickness or disease. However, no exemption applies in cases where the seller knowingly sells cattle or hogs that are diseased.

(4) 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 (ss. 672.718 and 672.719).

(5) The procurement, processing, storage, distribution, or use of whole blood, plasma, blood products, and blood derivatives for the purpose of injecting or transfusing the same, or any of them, into the human body for any purpose whatsoever is declared to be the rendering of a service by any person participating therein and does not constitute a sale, whether or not any consideration is given therefor; and the implied warranties of merchantability and fitness for a particular purpose are not applicable.

(6) The procurement, processing, testing, storing, or providing of human tissue and organs for human transplant, by an institution qualified for such purposes, is the rendering of a service; and such service does not constitute the sale of goods or products to which implied warranties of merchantability or fitness for a particular purpose are applicable. No implied warranties exist as to defects which cannot be detected, removed, or prevented by reasonable use of available scientific procedures or techniques.

History.—s. 1, ch. 65-254; s. 1, ch. 69-157; s. 1, ch. 79-141; s. 2, ch. 84-264; s. 566, ch. 97-102; s. 1, ch. 2003-74.

Note.—s. 2-316, U.C.C.

F.S. 672.316 on Google Scholar

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Amendments to 672.316

Arrestable Offenses / Crimes under Fla. Stat. 672.316

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.316.

Annotations, Discussions, Cases:

Cases Citing Statute 672.316

Total Results: 20

Rose v. ADT SEC. Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-09-11

Citation: 989 So. 2d 1244, 2008 WL 4162964

Snippet: So.2d 1081, 1084-85 (Fla. 3d DCA 1977). Section 672.316(2), Florida Statutes (1999), instructs that, "to

LIFESOUTH CMTY. BLOOD CENTERS v. Fitchner

Court: District Court of Appeal of Florida | Date Filed: 2007-12-26

Citation: 970 So. 2d 379, 2007 WL 3144829

Snippet: at 1187. The supreme court referred to section 672.316(5), Florida Statutes (1981), acknowledging that

Griffis v. Leisure Tyme RV, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-08-10

Citation: 884 So. 2d 241, 2004 WL 1773513

Snippet: about the same time by the dealer. See §§ 672.313, 672.316(1), Fla. Stat. (1997). Leisure Tyme's subsequent

Richmond Healthcare, Inc. v. Digati

Court: District Court of Appeal of Florida | Date Filed: 2004-06-02

Citation: 878 So. 2d 388, 2004 WL 1196637

Snippet: remedies, they know how to do so. See, e.g., § 672.316(2), Fla. Stat. (2003) ("[T]o exclude or modify

Perez v. Freightliner Trucks of South Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-12-26

Citation: 802 So. 2d 515, 2001 Fla. App. LEXIS 18556, 2001 WL 1671340

Snippet: render the dealer a co-warrantor by adoption.”); § 672.316, Fla. Stat. (1997); see also Equico Lessors, Inc

Family Boating & Marine Centers of Florida, Inc. v. Bell

Court: District Court of Appeal of Florida | Date Filed: 2000-08-11

Citation: 779 So. 2d 402, 2000 Fla. App. LEXIS 10274, 2000 WL 1132956

Snippet: Co., 404 So.2d 1087 (Fla. 3d DCA 1981). Section 672.316(2), Florida Statutes (1997), provides that in order

Doug Connor, Inc. v. Proto-Grind, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2000-05-26

Citation: 761 So. 2d 426, 41 U.C.C. Rep. Serv. 2d (West) 1153, 2000 Fla. App. LEXIS 6416, 2000 WL 678812

Snippet: purpose. The next section provides in relevant part: 672.316 (1997) Exclusion or modification of warranties

New Nautical Coatings, Inc. v. Scoggin

Court: District Court of Appeal of Florida | Date Filed: 1999-04-28

Citation: 731 So. 2d 145, 1999 WL 247202

Snippet: express warranty to the second paint job. See §§ 672.316(1), 672.317, Fla. Stat. (1997). While we affirm

Raskin v. Community Blood Centers of South Florida, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1997-10-01

Citation: 699 So. 2d 1014

Snippet: negligence and breach of implied warranty under section 672.316(5), Florida Statutes (1989); however, appellants

David v. Davenport

Court: District Court of Appeal of Florida | Date Filed: 1995-06-21

Citation: 656 So. 2d 952, 1995 WL 371261

Snippet: the circumstances to have revealed to him." § 672.316(3)(b), Fla. Stat. (1993). In this case, the buyer

Frank Griffin Volkswagen, Inc. v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1992-12-11

Citation: 610 So. 2d 597, 1992 WL 365476

Snippet: the manufacturer, despite the fact that section 672.316, Florida Statutes, authorizes a dealer to do so

Silva v. Southwest Florida Blood Bank, Inc.

Court: Supreme Court of Florida | Date Filed: 1992-05-28

Citation: 601 So. 2d 1184, 1992 WL 110906

Snippet: against blood banks. See § 672.316(5), Fla. Stat. (1989). Section 672.316(5) was enacted to limit the

Belizaire v. Lydic

Court: District Court of Appeal of Florida | Date Filed: 1991-11-05

Citation: 590 So. 2d 456, 1991 Fla. App. LEXIS 10944, 1991 WL 225486

Snippet: Co., 167 So.2d 254 (Fla. 2d DCA 1964). Section 672.316(3)(b), Florida Statutes (1989).

Sicuranza v. Northwest Fla. Blood Ctr., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1991-06-13

Citation: 582 So. 2d 54, 1991 WL 103472

Snippet: judgment in favor of the appellee based on section 672.316(5), Florida Statutes. The trial court's reasoning

Silva v. Southwest Florida Blood Bank, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1991-04-26

Citation: 578 So. 2d 503, 1991 WL 63770

Snippet: come to be known as the blood shield statute, § 672.316(5), Fla. Stat. (1989), which statute abolished

Light v. Weldarc Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1990-10-25

Citation: 569 So. 2d 1302, 1990 WL 160704

Snippet: the goods shall be fit for such purpose. Section 672.316(3)(b), Florida Statutes (1989) provides for the

Sellers v. Frank Griffin AMC Jeep, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-05-17

Citation: 526 So. 2d 147, 1988 WL 50148

Snippet: (unconscionable contracts), and applying section 672.316, Xerographic Supplies Corp. v. Hertz Commercial

McCormick MacHinery, Inc. v. Julian E. Johnson & Sons, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1988-03-11

Citation: 523 So. 2d 651, 13 Fla. L. Weekly 640, 7 U.C.C. Rep. Serv. 2d (West) 51, 1988 Fla. App. LEXIS 5861, 1988 WL 20585

Snippet: was conspicuous within the meaning of section 672.316, Florida Statutes (1985), and effectively removed

Don Carlos Foods, Inc. v. Liquid Carbonic Corp.

Court: District Court of Appeal of Florida | Date Filed: 1987-11-10

Citation: 517 So. 2d 34, 12 Fla. L. Weekly 2585, 1987 Fla. App. LEXIS 10946, 1987 WL 1344

Snippet: and remedy limitations provided by contract. §§ 672.316(2), .719, Fla. Stat. (1979). We therefore reverse

Meeting Makers v. American Airlines

Court: District Court of Appeal of Florida | Date Filed: 1987-09-08

Citation: 513 So. 2d 700, 12 Fla. L. Weekly 2172, 5 U.C.C. Rep. Serv. 2d (West) 590, 1987 Fla. App. LEXIS 12157

Snippet: fully complied with the requirements of sections 672.316(2), 672.302, Florida Statutes (1985). The trial