                                 CODE OF VIRGINIA

EXCLUSION OR MODIFICATION OF WARRANTIES (§ 8.2-316)

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
title on parol or extrinsic evidence (&#xA7; 8.2-202) 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 &#8220;There are no warranties which extend beyond the description
on the face hereof.&#8221;

3. Notwithstanding subsection (2)

   a. unless the circumstances indicate otherwise, all implied warranties are
   excluded by expressions like &#8220;as is,&#8221; &#8220;with all
   faults&#8221; or other language which in common understanding calls the
   buyer&#8217;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 title on liquidation or limitation of damages and on
contractual modification of remedy (&#xA7;&#xA7; 8.2-718 and 8.2-719).

HISTORY: 1964, c. 219.