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§ 2-316.1. Inapplicability of modifications

West's Annotated Code of MarylandCommercial LawEffective: April 12, 2011

West's Annotated Code of Maryland
Commercial Law
Title 2. Sales (Refs & Annos)
Subtitle 3. General Obligation and Construction of Contract (Refs & Annos)
Effective: April 12, 2011
MD Code, Commercial Law, § 2-316.1
§ 2-316.1. Inapplicability of modifications
Currentness
(1) The provisions of § 2-316 do not apply to sales of consumer goods, as defined by § 9-102, services, or both.
(2) Any oral or written language used by a seller of consumer goods and services, which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify the consumer's remedies for breach of those warranties, is unenforceable. However, the seller may recover from the manufacturer any damages resulting from breach of the implied warranty of merchantability or fitness for a particular purpose.
(3) Any oral or written language used by a manufacturer of consumer goods, which attempts to limit or modify a consumer's remedies for breach of the manufacturer's express warranties, is unenforceable, unless the manufacturer provides reasonable and expeditious means of performing the warranty obligations.
(4)(a) The provisions of this section do not apply to a motor vehicle:
(i) Required to be titled under the Transportation Article;
(ii) That is over 6 model years old and that has been driven more than 60,000 miles; and
(iii) If, at the time of the sale of the motor vehicle, the seller gives the purchaser notice of the inapplicability of this section on the form prescribed under § 13-119 of the Transportation Article.
(b)(i) An exclusion or modification of an implied warranty of merchantability, or any part of a warranty under this subsection shall be in writing, mention merchantability, and be conspicuous.
(ii) An exclusion or modification of the implied warranty of fitness shall be in writing and conspicuous.
(iii) Any exclusion or modification of either warranty shall be separately acknowledged by the signature of the buyer.

Credits

Added by Acts 1975, c. 49, § 2, eff. July 1, 1975. Amended by Acts 1981, c. 766; Acts 2011, c. 65, § 1, eff. April 12, 2011.
Formerly Art. 95B, § 2-316.1.
MD Code, Commercial Law, § 2-316.1, MD COML § 2-316.1
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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