Florida Statute 672.316 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 672.316

Annotations, Discussions, Cases:

Cases Citing Statute 672.316

Total Results: 36

Gable v. Silver

258 So. 2d 11

District Court of Appeal of Florida | Filed: Mar 3, 1972 | Docket: 1236749

Cited 49 times | Published

usage of trade "(1) Unless excluded or modified (§ 672.316), a warranty that the goods shall be merchantable

Silva v. Southwest Florida Blood Bank, Inc.

601 So. 2d 1184, 1992 WL 110906

Supreme Court of Florida | Filed: May 28, 1992 | Docket: 1710931

Cited 39 times | Published

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

Rehurek v. Chrysler Credit Corporation

262 So. 2d 452, 54 A.L.R. 3d 1210

District Court of Appeal of Florida | Filed: May 17, 1972 | Docket: 429195

Cited 34 times | Published

light of the requirements contained in Fla. Stat. § 672.316(2), F.S.A., Exclusion or Modification of Warranties

Orange Motors of Coral Gables v. Dade Co. Dairies

258 So. 2d 319, 10 U.C.C. Rep. Serv. (West) 325, 1972 Fla. App. LEXIS 7225

District Court of Appeal of Florida | Filed: Feb 8, 1972 | Docket: 1236835

Cited 34 times | Published

implied by common law statute or otherwise." Under § 672.316(2), Fla. Stat., F.S.A., the critical requirement

Sellers v. Frank Griffin AMC Jeep, Inc.

526 So. 2d 147, 1988 WL 50148

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2180729

Cited 21 times | Published

1984) (unconscionable contracts), and applying section 672.316, Xerographic Supplies Corp. v. Hertz Commercial

Cardozo v. True

342 So. 2d 1053, 21 U.C.C. Rep. Serv. (West) 69

District Court of Appeal of Florida | Filed: Feb 23, 1977 | Docket: 2545972

Cited 18 times | Published

Statutes provides: (1) Unless excluded or modified (§ 672.316), a warranty that the goods shall be merchantable

Monsanto Agr. Products Co. v. Edenfield

426 So. 2d 574, 35 U.C.C. Rep. Serv. (West) 781

District Court of Appeal of Florida | Filed: Nov 16, 1982 | Docket: 1213119

Cited 17 times | Published

page of the contract and did not comply with § 672.316(2), Fla. Stat., which required that any modification

Ray v. Cutter Laboratories, Division of Miles, Inc.

754 F. Supp. 193, 1991 U.S. Dist. LEXIS 4555

District Court, M.D. Florida | Filed: Jan 10, 1991 | Docket: 167591

Cited 15 times | Published

which allege a claim under Florida Statutes Section 672.316(5), must also fail. The so-called "blood shield"

David v. American Suzuki Motor Corp.

629 F. Supp. 2d 1309, 2009 U.S. Dist. LEXIS 57978, 2009 WL 1838323

District Court, S.D. Florida | Filed: Jun 16, 2009 | Docket: 1144103

Cited 12 times | Published

limitation is clearly expressed); Fla. Stat. § 672.316 ("Remedies for breach of warranty can be limited

Rose v. ADT SEC. Services, Inc.

989 So. 2d 1244, 2008 WL 4162964

District Court of Appeal of Florida | Filed: Sep 11, 2008 | Docket: 2518598

Cited 11 times | Published

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

First New England Fin. Corp. v. Woffard

421 So. 2d 590, 35 U.C.C. Rep. Serv. (West) 650

District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 1719490

Cited 11 times | Published

PURCHASES THE BOAT "AS-IS". Relevant portions of section 672.316, Florida Statutes (1981), provide: 1) Words

Frank Griffin Volkswagen, Inc. v. Smith

610 So. 2d 597, 1992 WL 365476

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1413155

Cited 10 times | Published

of the manufacturer, despite the fact that section 672.316, Florida Statutes, authorizes a dealer to do

Rudy's Glass Const. Co. v. EF Johnson Co.

404 So. 2d 1087, 32 U.C.C. Rep. Serv. (West) 1373, 1981 Fla. App. LEXIS 21337

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 1782835

Cited 9 times | Published

Statutes (1979) and therefore effective under Section 672.316, Florida Statutes (1979) to exclude or modify

Rostocki v. Southwest Florida Blood Bank, Inc.

276 So. 2d 475, 12 U.C.C. Rep. Serv. (West) 245

Supreme Court of Florida | Filed: Feb 28, 1973 | Docket: 1439140

Cited 9 times | Published

Florida with the passage of Florida Statutes § 672.316(5), F.S.A. This section, however, was adopted

Light v. Weldarc Co., Inc.

569 So. 2d 1302, 1990 WL 160704

District Court of Appeal of Florida | Filed: Oct 25, 1990 | Docket: 1190697

Cited 8 times | Published

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

Hi Neighbor Enterprises, Inc. v. Burroughs Corp.

492 F. Supp. 823, 29 U.C.C. Rep. Serv. (West) 1256, 1980 U.S. Dist. LEXIS 13902

District Court, N.D. Florida | Filed: Jun 13, 1980 | Docket: 2156444

Cited 8 times | Published

in writing, the writing must be conspicuous. § 672.316(2), Fla.Stat. (1977). An implied warranty of fitness

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

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

District Court of Appeal of Florida | Filed: Mar 11, 1988 | Docket: 1517235

Cited 7 times | Published

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

Bert Smith Oldsmobile, Inc. v. Franklin

400 So. 2d 1235, 31 U.C.C. Rep. Serv. (West) 1273, 1981 Fla. App. LEXIS 19930

District Court of Appeal of Florida | Filed: May 27, 1981 | Docket: 1262676

Cited 7 times | Published

be in writing and conspicuous. U.C.C. § 2-316; § 672.316, Fla. Stat. (1979). Thus, even if the retail order

Xerographic Supplies Corp. v. Hertz Commercial

386 So. 2d 299, 29 U.C.C. Rep. Serv. (West) 1261, 1980 Fla. App. LEXIS 17239

District Court of Appeal of Florida | Filed: Jul 29, 1980 | Docket: 477259

Cited 7 times | Published

disclaimer was in compliance with requirements of Section 672.316(2) and 671.201(10), Florida Statutes (1975)

Williamson v. Memorial Hospital of Bay County

307 So. 2d 199, 16 U.C.C. Rep. Serv. (West) 635, 1975 Fla. App. LEXIS 14591

District Court of Appeal of Florida | Filed: Jan 30, 1975 | Docket: 1335118

Cited 6 times | Published

prior to the enactment of Chapter 69-157, now Section 672.316(5), Florida Statutes. *201 Said statutory provision

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

699 So. 2d 1014

District Court of Appeal of Florida | Filed: Oct 1, 1997 | Docket: 1321005

Cited 4 times | Published

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

David v. Davenport

656 So. 2d 952, 1995 WL 371261

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 2552492

Cited 4 times | Published

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

Walls v. Armour Pharmaceutical Co.

832 F. Supp. 1467, 1993 U.S. Dist. LEXIS 10905, 1993 WL 299632

District Court, M.D. Florida | Filed: Jul 19, 1993 | Docket: 285015

Cited 4 times | Published

that Florida's "blood-shield" statute, Fla.Stat. § 672.316(5), precludes strict products liability and warranty

Pennington Grain and Seed, Inc. v. Tuten

422 So. 2d 948, 36 U.C.C. Rep. Serv. (West) 458

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1479564

Cited 4 times | Published

that state's statute similar to Florida's Section 672.316, stated: The very purpose of the statutory

JDI HOLDINGS, LLC v. Jet Management, Inc.

732 F. Supp. 2d 1205, 2010 U.S. Dist. LEXIS 79585, 2010 WL 3119793

District Court, N.D. Florida | Filed: Aug 6, 2010 | Docket: 2333660

Cited 3 times | Published

merchantability or implied warranty of fitness. Fla. Stat. § 672.316(2). The disclaimers of implied warranties in the

Richmond Healthcare, Inc. v. Digati

878 So. 2d 388, 2004 WL 1196637

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 1353796

Cited 3 times | Published

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

Silva v. Southwest Florida Blood Bank, Inc.

578 So. 2d 503, 1991 WL 63770

District Court of Appeal of Florida | Filed: Apr 26, 1991 | Docket: 1525243

Cited 3 times | Published

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

LIFESOUTH CMTY. BLOOD CENTERS v. Fitchner

970 So. 2d 379, 2007 WL 3144829

District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 1324266

Cited 2 times | Published

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

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

582 So. 2d 54, 1991 WL 103472

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 446180

Cited 2 times | Published

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

Motor Homes of America, Inc. v. O'DONNELL

440 So. 2d 422

District Court of Appeal of Florida | Filed: Oct 19, 1983 | Docket: 1430771

Cited 2 times | Published

O'Donnells contained an adequate disclaimer. § 672.316, Fla. Stat. (1981). Therefore, the O'Donnells

Bird v. Celebrity Cruise Line, Inc.

428 F. Supp. 2d 1275, 2005 A.M.C. 2794, 2005 U.S. Dist. LEXIS 41877, 2005 WL 3779030

District Court, S.D. Florida | Filed: Nov 4, 2005 | Docket: 2388608

Cited 1 times | Published

sufficiency of the disclaimer under Fla. Stat. § 672.316. [6] A review of the case law demonstrates that

Ray v. Cutter Laboratories, Division of Miles, Inc.

744 F. Supp. 1124, 1990 U.S. Dist. LEXIS 11883

District Court, M.D. Florida | Filed: Sep 7, 1990 | Docket: 1371714

Cited 1 times | Published

implied warranty pursuant to Florida Statutes, Section 672.316(5). Additionally, Plaintiffs also claim that

Perez v. Freightliner Trucks of South Florida, Inc.

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

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 64811048

Published

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

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

District Court of Appeal of Florida | Filed: Aug 11, 2000 | Docket: 64804154

Published

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

Belizaire v. Lydic

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

District Court of Appeal of Florida | Filed: Nov 5, 1991 | Docket: 64663712

Published

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

Hall Truck Sales, Inc. v. Wilder Mobile Homes, Inc.

402 So. 2d 1299, 32 U.C.C. Rep. Serv. (West) 440, 1981 Fla. App. LEXIS 20713

District Court of Appeal of Florida | Filed: Aug 14, 1981 | Docket: 1313251

Published

some other provision negates the warranty. Section 672.316(3)(b), Florida Statutes (1979), provides: When