{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-504.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-504.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-504.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-504.6.html"}],"law_id":59372,"edition_id":1,"section_id":59372,"structure_id":13649,"section_number":"59.1-504.6","catch_line":"Disclaimer or modification of warranty","history":"2000, cc. 101, 996.","full_text":"a\n\nWords or conduct relevant to the creation of an express warranty and words or conduct tending to disclaim or modify an express warranty must be construed wherever reasonable as consistent with each other. Subject to § 59.1-503.1 with regard to parol or extrinsic evidence, the disclaimer or modification is inoperative to the extent that such construction is unreasonable.b\n\nExcept as otherwise provided in subsections (c), (d), and (e), to disclaim or modify an implied warranty or any part of it, but not the warranty in \u00a7 59.1-504.1, the following rules apply:1\n\nExcept as otherwise provided in this subsection:A\n\nTo disclaim or modify the implied warranty arising under § 59.1-504.3, language must mention “merchantability” or “quality” or use words of similar import and, if in a record, must be conspicuous.B\n\nTo disclaim or modify the implied warranty arising under \u00a7 59.1-504.4, language in a record must mention “accuracy” or use words of similar import.2\n\nLanguage to disclaim or modify the implied warranty arising under § 59.1-504.5 must be in a record and be conspicuous. It is sufficient to state, “There is no warranty that this information, our efforts, or the system will fulfill any of your particular purposes or needs,” or words of similar import.3\n\nLanguage in a record is sufficient to disclaim all implied warranties if it individually disclaims each implied warranty or, except for the warranty in § 59.1-504.1, if it is conspicuous and states, “Except for express warranties stated in this contract, if any, this information, computer program is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user,” or words of similar import.4\n\nA disclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim or modify an implied warranty of merchantability is sufficient to disclaim or modify the warranties under §§ 59.1-504.3 and 59.1-504.4. A disclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim or modify an implied warranty of fitness for a particular purpose is sufficient to disclaim or modify the warranties under § 59.1-504.5.c\n\nUnless the circumstances indicate otherwise, all implied warranties, but not the warranty under § 59.1-504.1, are disclaimed by expressions like “as is” or “with all faults” or other language that in common understanding calls the licensee’s attention to the disclaimer of warranties and makes plain that there are no implied warranties.d\n\nIf a licensee before entering into a contract has examined the information or the sample or model as fully as he desired or has refused to examine the information, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed to the licensee.e\n\nAn implied warranty may also be disclaimed or modified by course of performance, course of dealing, or usage of trade.f\n\nIf a contract requires ongoing performance or a series of performances by the licensor, language of disclaimer or modification which complies with this section is effective with respect to all performances under the contract.g\n\nRemedies for breach of warranty may be limited in accordance with this chapter with respect to liquidation or limitation of damages and contractual modification of remedy.","order_by":null,"text":{"0":{"id":217574,"text":"Words or conduct relevant to the creation of an express warranty and words or conduct tending to disclaim or modify an express warranty must be construed wherever reasonable as consistent with each other. Subject to § 59.1-503.1 with regard to parol or extrinsic evidence, the disclaimer or modification is inoperative to the extent that such construction is unreasonable.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":217575,"text":"Except as otherwise provided in subsections (c), (d), and (e), to disclaim or modify an implied warranty or any part of it, but not the warranty in \u00a7 59.1-504.1, the following rules apply:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"2":{"id":217576,"text":"Except as otherwise provided in this subsection:","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"A"},"3":{"id":217577,"text":"To disclaim or modify the implied warranty arising under § 59.1-504.3, language must mention “merchantability” or “quality” or use words of similar import and, if in a record, must be conspicuous.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"b1","next_prefix":"B"},"4":{"id":217578,"text":"To disclaim or modify the implied warranty arising under \u00a7 59.1-504.4, language in a record must mention “accuracy” or use words of similar import.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"5":{"id":217579,"text":"Language to disclaim or modify the implied warranty arising under § 59.1-504.5 must be in a record and be conspicuous. It is sufficient to state, “There is no warranty that this information, our efforts, or the system will fulfill any of your particular purposes or needs,” or words of similar import.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"B3"},"6":{"id":217580,"text":"Language in a record is sufficient to disclaim all implied warranties if it individually disclaims each implied warranty or, except for the warranty in § 59.1-504.1, if it is conspicuous and states, “Except for express warranties stated in this contract, if any, this information, computer program is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user,” or words of similar import.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"7":{"id":217581,"text":"A disclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim or modify an implied warranty of merchantability is sufficient to disclaim or modify the warranties under §§ 59.1-504.3 and 59.1-504.4. A disclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim or modify an implied warranty of fitness for a particular purpose is sufficient to disclaim or modify the warranties under § 59.1-504.5.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"c"},"8":{"id":217582,"text":"Unless the circumstances indicate otherwise, all implied warranties, but not the warranty under § 59.1-504.1, are disclaimed by expressions like “as is” or “with all faults” or other language that in common understanding calls the licensee’s attention to the disclaimer of warranties and makes plain that there are no implied warranties.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"B4","next_prefix":"d"},"9":{"id":217583,"text":"If a licensee before entering into a contract has examined the information or the sample or model as fully as he desired or has refused to examine the information, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed to the licensee.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"10":{"id":217584,"text":"An implied warranty may also be disclaimed or modified by course of performance, course of dealing, or usage of trade.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d","next_prefix":"f"},"11":{"id":217585,"text":"If a contract requires ongoing performance or a series of performances by the licensor, language of disclaimer or modification which complies with this section is effective with respect to all performances under the contract.","type":"section","prefixes":["f"],"prefix":"f","entire_prefix":"f","prefix_anchor":"f","level":1,"prior_prefix":"e","next_prefix":"g"},"12":{"id":217586,"text":"Remedies for breach of warranty may be limited in accordance with this chapter with respect to liquidation or limitation of damages and contractual modification of remedy.","type":"section","prefixes":["g"],"prefix":"g","entire_prefix":"g","prefix_anchor":"g","level":1,"prior_prefix":"f"}},"ancestry":[{"id":13649,"edition_id":1,"name":"Warranties","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:45:28","date_modified":"2026-06-26 03:45:28","permalink":{"id":262089,"object_type":"structure","relational_id":13649,"identifier":"4","token":"59.1\/43\/4","url":"\/59.1\/43\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61823,"structure_id":13649,"section_number":"59.1-504.1","catch_line":"Warranty and obligations concerning noninterference and noninfringement","url":"\/59.1-504.1\/","token":"59.1\/43\/4\/59.1-504.1","metadata":false},{"id":64119,"structure_id":13649,"section_number":"59.1-504.10","catch_line":"No implied warranties for free software","url":"\/59.1-504.10\/","token":"59.1\/43\/4\/59.1-504.10","metadata":false},{"id":65976,"structure_id":13649,"section_number":"59.1-504.11","catch_line":"Reserved","url":"\/59.1-504.11\/","token":"59.1\/43\/4\/59.1-504.11","metadata":false},{"id":54621,"structure_id":13649,"section_number":"59.1-504.2","catch_line":"Express warranty","url":"\/59.1-504.2\/","token":"59.1\/43\/4\/59.1-504.2","metadata":false},{"id":82986,"structure_id":13649,"section_number":"59.1-504.3","catch_line":"Implied warranty; merchantability of computer program","url":"\/59.1-504.3\/","token":"59.1\/43\/4\/59.1-504.3","metadata":false},{"id":66966,"structure_id":13649,"section_number":"59.1-504.4","catch_line":"Implied warranty; informational content","url":"\/59.1-504.4\/","token":"59.1\/43\/4\/59.1-504.4","metadata":false},{"id":62887,"structure_id":13649,"section_number":"59.1-504.5","catch_line":"Implied warranty; licensee's purpose; system integration","url":"\/59.1-504.5\/","token":"59.1\/43\/4\/59.1-504.5","metadata":false},{"id":59372,"structure_id":13649,"section_number":"59.1-504.6","catch_line":"Disclaimer or modification of warranty","url":"\/59.1-504.6\/","token":"59.1\/43\/4\/59.1-504.6","metadata":false},{"id":54825,"structure_id":13649,"section_number":"59.1-504.7","catch_line":"Modification of computer program","url":"\/59.1-504.7\/","token":"59.1\/43\/4\/59.1-504.7","metadata":false},{"id":69667,"structure_id":13649,"section_number":"59.1-504.8","catch_line":"Cumulation and conflict of warranties","url":"\/59.1-504.8\/","token":"59.1\/43\/4\/59.1-504.8","metadata":false},{"id":86480,"structure_id":13649,"section_number":"59.1-504.9","catch_line":"Third-party beneficiaries of warranty","url":"\/59.1-504.9\/","token":"59.1\/43\/4\/59.1-504.9","metadata":false}],"previous_section":{"id":62887,"structure_id":13649,"section_number":"59.1-504.5","catch_line":"Implied warranty; 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This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":87480,"section_number":"59.1-501.15","catch_line":"Variation by agreement; commercial practice","order_by":null,"url":"\/59.1-501.15\/"}],"refers_to":[{"id":83932,"section_number":"59.1-503.1","catch_line":"Parol or extrinsic evidence","order_by":null,"url":"\/59.1-503.1\/"},{"id":61823,"section_number":"59.1-504.1","catch_line":"Warranty and obligations concerning noninterference and noninfringement","order_by":null,"url":"\/59.1-504.1\/"},{"id":82986,"section_number":"59.1-504.3","catch_line":"Implied warranty; merchantability of computer program","order_by":null,"url":"\/59.1-504.3\/"},{"id":66966,"section_number":"59.1-504.4","catch_line":"Implied warranty; informational content","order_by":null,"url":"\/59.1-504.4\/"},{"id":62887,"section_number":"59.1-504.5","catch_line":"Implied warranty; licensee's purpose; system integration","order_by":null,"url":"\/59.1-504.5\/"}],"permalink":{"id":262119,"object_type":"law","relational_id":59372,"identifier":"59.1-504.6","token":"59.1\/43\/4\/59.1-504.6","url":"\/59.1-504.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-504.6\/","token":"59.1\/43\/4\/59.1-504.6","dublin_core":{"Title":"Disclaimer or modification of warranty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-504.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Words or conduct relevant to the creation of an express warranty and words or conduct tending to disclaim or modify an express warranty must be construed wherever reasonable as consistent with each other. Subject to § 59.1-503.1<\/a> with regard to parol or extrinsic evidence<\/span>, the disclaimer or modification is inoperative to the extent that such construction is unreasonable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Except as otherwise provided in subsections (c), (d), and (e), to disclaim or modify an implied warranty or any part of it, but not the warranty in \u00a7 59.1-504.1<\/a>, the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Except as otherwise provided in this subsection: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> To disclaim or modify the implied warranty arising under § 59.1-504.3<\/a>, language must mention “merchantability” or “quality” or use words of similar import and, if in a record, must be conspicuous. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To disclaim or modify the implied warranty arising under \u00a7 59.1-504.4<\/a>, language in a record must mention “accuracy” or use words of similar import. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Language to disclaim or modify the implied warranty arising under § 59.1-504.5<\/a> must be in a record and be conspicuous. It is sufficient to state, “There is no warranty that this information, our efforts, or the system will fulfill any of your particular purposes or needs,” or words of similar import. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Language in a record is sufficient to disclaim all implied warranties if it individually disclaims each implied warranty or, except for the warranty in § 59.1-504.1<\/a>, if it is conspicuous and states, “Except for express warranties stated in this contract<\/span>, if any, this information, computer program is provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user,” or words of similar import. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A disclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim or modify an implied warranty of merchantability is sufficient to disclaim or modify the warranties under §§ 59.1-504.3<\/a> and 59.1-504.4<\/a>. A disclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim or modify an implied warranty of fitness for a particular purpose is sufficient to disclaim or modify the warranties under § 59.1-504.5<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Unless the circumstances indicate otherwise, all implied warranties, but not the warranty under § 59.1-504.1<\/a>, are disclaimed by expressions like “as is” or “with all faults” or other language that in common understanding calls the licensee’s attention to the disclaimer of warranties and makes plain that there are no implied warranties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> If a licensee before entering into a contract<\/span> has examined the information or the sample or model as fully as he desired or has refused to examine the information, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed to the licensee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> An implied warranty may also be disclaimed or modified by course of performance, course of dealing, or usage of trade. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

f.<\/span> If a contract<\/span> requires ongoing performance or a series of performances by the licensor, language of disclaimer or modification which complies with this section is effective with respect to all performances under the contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

g.<\/span> Remedies for breach of warranty may be limited in accordance with this chapter with respect to liquidation<\/span> or limitation of damages<\/span> and contractual modification of remedy. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCLAIMER OR MODIFICATION OF WARRANTY (\u00a7 59.1-504.6)\n\na. Words or conduct relevant to the creation of an express warranty and words or\nconduct tending to disclaim or modify an express warranty must be construed\nwherever reasonable as consistent with each other. Subject to § 59.1-503.1\nwith regard to parol or extrinsic evidence, the disclaimer or modification is\ninoperative to the extent that such construction is unreasonable.\n\nb. Except as otherwise provided in subsections (c), (d), and (e), to disclaim or\nmodify an implied warranty or any part of it, but not the warranty in \u00a7\n59.1-504.1, the following rules apply:\n\n 1. Except as otherwise provided in this subsection:\n\nA. To disclaim or modify the implied warranty arising under § 59.1-504.3,\nlanguage must mention “merchantability” or “quality” or\nuse words of similar import and, if in a record, must be conspicuous.\n\nB. To disclaim or modify the implied warranty arising under \u00a7 59.1-504.4,\nlanguage in a record must mention “accuracy” or use words of similar\nimport.\n\n 2. Language to disclaim or modify the implied warranty arising under §\n 59.1-504.5 must be in a record and be conspicuous. It is sufficient to state,\n “There is no warranty that this information, our efforts, or the system\n will fulfill any of your particular purposes or needs,” or words of\n similar import.\n\n 3. Language in a record is sufficient to disclaim all implied warranties if it\n individually disclaims each implied warranty or, except for the warranty in\n § 59.1-504.1, if it is conspicuous and states, “Except for express\n warranties stated in this contract, if any, this information, computer program\n is provided with all faults, and the entire risk as to satisfactory quality,\n performance, accuracy, and effort is with the user,” or words of similar\n import.\n\n 4. A disclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim\n or modify an implied warranty of merchantability is sufficient to disclaim or\n modify the warranties under §§ 59.1-504.3 and 59.1-504.4. A\n disclaimer or modification sufficient under Title 8.2 or 8.2A to disclaim or\n modify an implied warranty of fitness for a particular purpose is sufficient\n to disclaim or modify the warranties under § 59.1-504.5.\n\nc. Unless the circumstances indicate otherwise, all implied warranties, but not\nthe warranty under § 59.1-504.1, are disclaimed by expressions like\n“as is” or “with all faults” or other language that in\ncommon understanding calls the licensee’s attention to the disclaimer of\nwarranties and makes plain that there are no implied warranties.\n\nd. If a licensee before entering into a contract has examined the information or\nthe sample or model as fully as he desired or has refused to examine the\ninformation, there is no implied warranty with regard to defects that an\nexamination ought in the circumstances to have revealed to the licensee.\n\ne. An implied warranty may also be disclaimed or modified by course of\nperformance, course of dealing, or usage of trade.\n\nf. If a contract requires ongoing performance or a series of performances by the\nlicensor, language of disclaimer or modification which complies with this\nsection is effective with respect to all performances under the contract.\n\ng. Remedies for breach of warranty may be limited in accordance with this\nchapter with respect to liquidation or limitation of damages and contractual\nmodification of remedy.\n\nHISTORY: 2000, cc. 101, 996.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}