Wyoming Statutes

Wyo. Stat. § 34.1-2-316 (2026)

Exclusion or modification of warranties.

✓ text as retrieved May 2026 (this copy records no edition or section history)
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(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 article
on parol or extrinsic evidence (section 34.1-2-202) negation or
limitation is inoperative to the extent that such construction
is unreasonable.

     (b) Subject to subsection (c), 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:

          (i) 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

          (ii) 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

          (iii) An implied warranty can also be excluded or
modified by course of dealing or course of performance or usage
of trade; and

          (iv) The implied warranties of merchantability and
fitness shall not be applicable to a contract for the sale of
human blood, blood plasma or other human tissue or organs from
an individual or a blood bank or reservoir of such other tissues
or organs. Such blood, blood plasma or tissue or organs shall
not for the purpose of this article be considered commodities
subject to sale or barter, but shall be considered as medical
services;

          (v) With respect to the sale of cattle, hogs, sheep
and horses, there shall be no implied warranty that the cattle,
hogs, sheep and horses are free from disease.

     (d) Remedies for breach of warranty can be limited in
accordance with the provisions of this article on liquidation or
limitation of damages and on contractual modification of remedy
(sections 34.1-2-718 and 34.1-2-719).
Notes of Decisions
Cited in 7 cases, 1991–2003 · leading case: Schneider Nat'l, Inc. v. Holland Hitch Co., 843 P.2d 561 (Wyo. 1992).
Schneider Nat'l, Inc. v. Holland Hitch Co., 843 P.2d 561 (Wyo. 1992). · cites it 8× “1-2-314 (1991) states the implied warranty of merchantability: (a) Unless excluded or modified (section 34.1-2-316), 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.”
Greeves v. Rosenbaum, 965 P.2d 669 (Wyo. 1998). · cites it 2× “Now renumbered as Wyo. Stat. § 34.1-2-316 (1997).”
Ford v. Starr Fireworks, Inc., 874 P.2d 230 (Wyo. 1994). · cites it 4× “While providing for an implied warranty of merchantability in the sale of all'goods, the Uniform Commercial Code carefully defines when goods are merchantable: (a) Unless excluded or modified (section 34.1-2-316), a warranty that the goods shall be merchantable is implied in a…”
William C. Mitchell, Ltd. v. Brown, 576 N.W.2d 342 (Iowa 1998). “§ 70A-2-316(5) (1997) (stating that if contract for sale of livestock does not contain written implied warranties, there shall be no implied warranty that the (iyestock are free from disease and sickness); Wyo. Stat. Ann. § 34.1-2-316 (c)(v) (Michie 1997) (no implied warranty…”
McKone v. Guertzgen, 811 P.2d 728 (Wyo. 1991). · cites it 2× “[2] Knowledgeable attorneys experienced in real estate and a few experienced realtors should know that a deed and mortgage is a preferable land sale security device, with exception in some very limited circumstances, but almost never as an exception if the payment is long term.”
Johnson v. Creager, 2003 WY 110, 76 P.3d 799. “" The cited statute provides: § 34.1-2-316. Exclusion or modification of warranties.”
Hutton v. Deere & Co., No. 99-8053 (10th Cir. Apr. 5, 2000). “at 1091-92 ; Wyo. Stat. § 34.1-2-316. “If the disclaimer is in writing and is conspicuous, there is no requirement that the customer actually read or acknowledge the disclaimer in order for it to become a part of the bargain.”
Wyo. Stat. § 34.1-2-316(c)(i): 1 case
McKone v. Guertzgen, 811 P.2d 728 (Wyo. 1991). “[2] Knowledgeable attorneys experienced in real estate and a few experienced realtors should know that a deed and mortgage is a preferable land sale security device, with exception in some very limited circumstances, but almost never as an exception if the payment is long term.”
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