District of Columbia Code
Part III - General Obligation and Construction of Contract
§ 28:2–316.01. Limitation of exclusion or modification of warranties consumers

(1) The provisions of section 28:2-316 do not apply to the sale of consumer goods, as defined by section 28:9-109, 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 or fitness for a particular purpose or to exclude or modify the consumer’s remedies for breach of those warranties, is unenforceable. However, such merchant may recover from the manufacturer any damages resulting from breach of the implied warranty of merchantability or fitness for a particular purpose.
(3) The provisions of subsection (2) do not apply to particular defects and limitations of consumer goods and services noted conspicuously in writing at the time of sale.
(4) 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 provided reasonable and expeditious means of performing the warranty obligations.
(Mar. 16, 1982, D.C. Law 4-85, § 42, 29 DCR 309.)
1981 Ed., § 28:2-316.1.
Section 39(c) of D.C. Law 15-354 provided that the section designation of § 28-2-316.1 of the District of Columbia Official Code is redesignated as § 28-316.01.

Structure District of Columbia Code

District of Columbia Code

Title 28 - Commercial Instruments and Transactions. [Enacted title]

Subtitle I - Uniform Commercial Code

Article 2 - Sales

Part III - General Obligation and Construction of Contract

§ 28:2–301. General obligations of parties

§ 28:2–302. Unconscionable contract or clause

§ 28:2–303. Allocation or division of risks

§ 28:2–304. Price payable in money, goods, realty, or otherwise

§ 28:2–305. Open price term

§ 28:2–306. Output, requirements and exclusive dealings

§ 28:2–307. Delivery in single lot or several lots

§ 28:2–308. Absence of specified place for delivery

§ 28:2–309. Absence of specific time provisions; notice of termination

§ 28:2–310. Open time for payment or running of credit; authority to ship under reservation

§ 28:2–311. Options and cooperation respecting performance

§ 28:2–312. Warranty of title and against infringement; buyer’s obligation against infringement

§ 28:2–313. Express warranties by affirmation, promise, description, sample

§ 28:2–314. Implied warranty: merchantability; usage of trade

§ 28:2–315. Implied warranty: fitness for particular purpose

§ 28:2–316. Exclusion or modification of warranties

§ 28:2–317. Cumulation and conflict of warranties express or implied

§ 28:2–318. Third party beneficiaries of warranties express or implied

§ 28:2–319. F.O.B. and F.A.S. terms

§ 28:2–320. C.I.F. and C. & F. terms

§ 28:2–321. C.I.F. or C. & F.: “net landed weights”; “payment on arrival”; warranty of condition on arrival

§ 28:2–322. Delivery “ex-ship”

§ 28:2–323. Form of bill of lading required in overseas shipment; “overseas”

§ 28:2–324. “No arrival, no sale” term

§ 28:2–325. “Letter of credit” term; “confirmed credit”

§ 28:2–326. Sale on approval and sale or return; rights of creditors

§ 28:2–327. Special incidents of sale on approval and sale or return

§ 28:2–328. Sale by auction

§ 28:2–316.01. Limitation of exclusion or modification of warranties consumers