Mont. Code Ann. » TITLE 30. TRADE AND COMMERCE · CHAPTER 2. UNIFORM COMMERCIAL CODE SALES · Part 3. General Obligation and Construction of Contract
Montana Code Annotated

Mont. Code Ann. § 30-2-316 (2026)

Exclusion Or Modification Of Warranties

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 30
  3. CHAPTER 2
  4. Part 3
  5. 30-2-316 Exclusion or modification of warranties

TITLE 30. TRADE AND COMMERCE

CHAPTER 2. UNIFORM COMMERCIAL CODE SALES

Part 3. General Obligation and Construction of Contract

Exclusion Or Modification Of Warranties

30-2-316. 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 chapter on parol or extrinsic evidence (30-2-202) 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 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 the buyer;

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

(d) in sales of cattle, hogs, sheep, or horses, there are no implied warranties, as defined in this chapter, that the cattle, hogs, sheep, or horses are free from sickness or disease; and

(e) in sales of any seed for planting (including both botanical and vegetative types of seed, whether certified or not), there are no implied warranties, as defined in this chapter, that the seeds are free from disease, virus, or any kind of pathogenic organisms.

(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 (30-2-718 and 30-2-719).

History: En. Sec. 2-316, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-316; amd. Sec. 1, Ch. 95, L. 1979; amd. Sec. 1, Ch. 33, L. 1983; amd. Sec. 845, Ch. 56, L. 2009.

Notes of Decisions
Cited in 8 cases, 1980–2020 · leading case: McJunkin v. Kaufman & Broad Home Sys., Inc., 748 P.2d 910 (Mont. 1987).
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McJunkin v. Kaufman & Broad Home Sys., Inc., 748 P.2d 910 (Mont. 1987). · cites it 9× “Section 30-2-316, MCA, does not require that a disclaimer of implied warranties be specifically pointed out to the consumer.”
Kopischke v. First Cont'l Corp., 610 P.2d 668 (Mont. 1980). · cites it 5× “The controlling statute is section 30-2-316(3) (a), MCA, which provides: “(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…”
Payne v. Berry's Auto, Inc., 2013 MT 102, 301 P.3d 804. · cites it 22× “Did Berry’s effectively disclaim implied warranties of a used vehicle under § 30-2-316, MCA, when the transaction included purchase of a service contract for the vehicle ? ¶3 2.”
William C. Mitchell, Ltd. v. Brown, 576 N.W.2d 342 (Iowa 1998). “2-316 (5) (West 1994) (providing that no implied warranties exist in the sale of livestock unless the contract provides for such warranties); MontCode Ann. § 30-2-316(3)(d) (1997) (no implied warranties that livestock are free from disease); Neb.”
Schlenz v. John Deere Co., 511 F. Supp. 224 (D. Mont. 1981). · cites it 2× “§ 30-2-316(2), M.C.A. In the purchase order, defendants included language which “EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS.”
Alexander v. MDU Resources Grp., No. 4:18-cv-00082 (D. Mont. Aug. 24, 2020). · cites it 2× “Montana Code Annotated § 30-2-316 addresses the implied warranty of merchantability.”
Brokke v. Williams, 766 P.2d 1311 (Mont. 1989). · cites it 2× “Warranty of title is not subject to the disclaimers found in § 30-2-316, MCA, pertaining to fitness and merchantability.”
Wright v. Mersdorf, No. 94-396 (Mont. Mar. 16, 1995). “See § 30-2-316(3) (b), MCA. We hold that the District Court did not err in concluding, as a matter of law, that respondent was entitled to the amount of the suspended installment payments.”
Mont. Code Ann. § 30-2-316(1): 1 case
Alexander v. MDU Resources Grp., No. 4:18-cv-00082 (D. Mont. Aug. 24, 2020). “Montana Code Annotated § 30-2-316 addresses the implied warranty of merchantability.”
Mont. Code Ann. § 30-2-316(2): 3 cases
McJunkin v. Kaufman & Broad Home Sys., Inc., 748 P.2d 910 (Mont. 1987). “Section 30-2-316, MCA, does not require that a disclaimer of implied warranties be specifically pointed out to the consumer.”
Payne v. Berry's Auto, Inc., 2013 MT 102, 301 P.3d 804. “Did Berry’s effectively disclaim implied warranties of a used vehicle under § 30-2-316, MCA, when the transaction included purchase of a service contract for the vehicle ? ¶3 2.”
Schlenz v. John Deere Co., 511 F. Supp. 224 (D. Mont. 1981). “§ 30-2-316(2), M.C.A. In the purchase order, defendants included language which “EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS.”
Mont. Code Ann. § 30-2-316(3): 3 cases
Kopischke v. First Cont'l Corp., 610 P.2d 668 (Mont. 1980). “The controlling statute is section 30-2-316(3) (a), MCA, which provides: “(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…”
Schlenz v. John Deere Co., 511 F. Supp. 224 (D. Mont. 1981). “§ 30-2-316(2), M.C.A. In the purchase order, defendants included language which “EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS.”
Wright v. Mersdorf, No. 94-396 (Mont. Mar. 16, 1995). “See § 30-2-316(3) (b), MCA. We hold that the District Court did not err in concluding, as a matter of law, that respondent was entitled to the amount of the suspended installment payments.”
Mont. Code Ann. § 30-2-316(3)(a): 2 cases
Kopischke v. First Cont'l Corp., 610 P.2d 668 (Mont. 1980). “The controlling statute is section 30-2-316(3) (a), MCA, which provides: “(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…”
Payne v. Berry's Auto, Inc., 2013 MT 102, 301 P.3d 804. “Did Berry’s effectively disclaim implied warranties of a used vehicle under § 30-2-316, MCA, when the transaction included purchase of a service contract for the vehicle ? ¶3 2.”
Mont. Code Ann. § 30-2-316(3)(d): 1 case
William C. Mitchell, Ltd. v. Brown, 576 N.W.2d 342 (Iowa 1998). “2-316 (5) (West 1994) (providing that no implied warranties exist in the sale of livestock unless the contract provides for such warranties); MontCode Ann. § 30-2-316(3)(d) (1997) (no implied warranties that livestock are free from disease); Neb.”
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