(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 (§ 6A-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; 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 circumstance
to have revealed to him or her; and
(c) An implied warranty can also be excluded or modified by course of dealing or course
of performance or usage by trade.
(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. (§§ 6A-2-718 and 6A-2-719.)
Notes of Decisions
Thomas v. Amway Corp., 488 A.2d 716 (R.I. 1985).
· cites it 2× “— (1) Unless excluded or modified (§ 6A-2-316), a warranty that the 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.”
Star-Shadow Prods., Inc. v. Super 8 Sync Sound Sys., 730 A.2d 1081 (R.I. 1999).
· cites it 7× “Waiver of Implied Warranty of Merchantability The plaintiffs also contend that the limitation of liability clause did not exclude or modify the implied warranty of merchantability because that clause did not “mention the word merchantability nor use the language * * * ‘as is’…”
Parrillo v. Giroux Co., Inc., 426 A.2d 1313 (R.I. 1981).
““(2) The rule stated in Subsection (1) applies although (a) the seller has exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.” 5 . The…”
Elliott Leases Cars, Inc. v. Quigley, 373 A.2d 810 (R.I. 1977).
“1956 (1969 Reenactment) §6A-2-316(2), provides that a written disclaimer of warranty must be “conspicuous,” and §6A-1-201 (10) defines that term.”
Monex, Inc. v. Anthony A. Nunes, Inc., 576 A.2d 1206 (R.I. 1990).
· cites it 2× “1956 (1985 Reenactment) § 6A-2-316. 2 This statute provides in pertinent part: “(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,…”
East Side Prescription Ctr., Inc. v. E.P. Fournier, Co., 585 A.2d 1176 (R.I. 1991).
“We agree that to be effective, a disclaimer of warranty must be conspicuous; however, according to §§ 6A-2-316 and 6A-2-329, the fact that a disclaimer is conspicuous and has been examined by the purchaser is not sufficient to constitute a disclaimer.”
Chase Manhattan Bank, N.A. v. Coleman, 496 A.2d 935 (R.I. 1985).
“For example, § 6A-2-316(2) provides that any modification of an implied warranty of fitness “must be by a writing and conspicuous.”
Handrigan v. Apex Warwick, Inc., 275 A.2d 262 (R.I. 1971).
“— (1) Unless excluded or modified (§6A-2-316), a warranty that the 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.”
— R.I. Gen. Laws § 6A-2-316(2) — 3 cases
Elliott Leases Cars, Inc. v. Quigley, 373 A.2d 810 (R.I. 1977).
“1956 (1969 Reenactment) §6A-2-316(2), provides that a written disclaimer of warranty must be “conspicuous,” and §6A-1-201 (10) defines that term.”
Chase Manhattan Bank, N.A. v. Coleman, 496 A.2d 935 (R.I. 1985).
“For example, § 6A-2-316(2) provides that any modification of an implied warranty of fitness “must be by a writing and conspicuous.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.