70A-2-316. Exclusion or modification of warranties -- Livestock.
(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
(Section 70A-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 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
(c) an implied warranty can also be excluded or modified by course of dealing or course
of performance or usage of 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
(Sections 70A-2-718 and 70A-2-719).
(5) If a contract for the sale of livestock, which may include cattle, hogs, sheep, and
horses, does not contain a written statement as to warranty of merchantability or fitness for a
particular purpose, there shall be no implied warranty that the livestock are free from disease and
sickness at the time of the sale and the seller shall not be liable for damages arising from the lack
of merchantability or fitness for a particular purpose.
Amended by Chapter 276, 1981 General Session
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Last revised: Thursday, May 28, 2009