                                 CODE OF VIRGINIA

DISCLAIMER OR MODIFICATION OF WARRANTY (§ 59.1-504.6)

a. 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 &#xA7; 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. 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 §
59.1-504.1, the following rules apply:

   1. Except as otherwise provided in this subsection:

A. To disclaim or modify the implied warranty arising under &#xA7; 59.1-504.3,
language must mention &#8220;merchantability&#8221; or &#8220;quality&#8221; or
use words of similar import and, if in a record, must be conspicuous.

B. To disclaim or modify the implied warranty arising under § 59.1-504.4,
language in a record must mention &#8220;accuracy&#8221; or use words of similar
import.

   2. Language to disclaim or modify the implied warranty arising under &#xA7;
   59.1-504.5 must be in a record and be conspicuous. It is sufficient to state,
   &#8220;There is no warranty that this information, our efforts, or the system
   will fulfill any of your particular purposes or needs,&#8221; or words of
   similar import.

   3. Language in a record is sufficient to disclaim all implied warranties if it
   individually disclaims each implied warranty or, except for the warranty in
   &#xA7; 59.1-504.1, if it is conspicuous and states, &#8220;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,&#8221; or words of similar
   import.

   4. 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 &#xA7;&#xA7; 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 &#xA7; 59.1-504.5.

c. Unless the circumstances indicate otherwise, all implied warranties, but not
the warranty under &#xA7; 59.1-504.1, are disclaimed by expressions like
&#8220;as is&#8221; or &#8220;with all faults&#8221; or other language that in
common understanding calls the licensee&#8217;s attention to the disclaimer of
warranties and makes plain that there are no implied warranties.

d. 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.

e. An implied warranty may also be disclaimed or modified by course of
performance, course of dealing, or usage of trade.

f. 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.

g. 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.

HISTORY: 2000, cc. 101, 996.