Maryland Statutes
Subtitle 3 - General Obligation and Construction of Contract
Section 2-316 - Exclusion or Modification of Warranties

(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 (§ 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 “There are no warranties which extend beyond the description on the face hereof.”
    (3)    Notwithstanding subsection (2)
        (a)    Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is,” “with all faults” or other language which in common understanding calls the buyer’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 (§§ 2-718 and 2-719).

Structure Maryland Statutes

Maryland Statutes

Commercial Law

Title 2 - Sales

Subtitle 3 - General Obligation and Construction of Contract

Section 2-301 - General Obligations of Parties

Section 2-302 - Unconscionable Contract or Clause

Section 2-303 - Allocation or Division of Risks

Section 2-304 - Price Payable in Money, Goods, Realty, or Otherwise

Section 2-305 - Open Price Term

Section 2-306 - Output, Requirements and Exclusive Dealings

Section 2-307 - Delivery in Single Lot or Several Lots

Section 2-308 - Absence of Specified Place for Delivery

Section 2-309 - Absence of Specific Time Provisions; Notice of Termination

Section 2-310 - Open Time for Payment or Running of Credit; Authority to Ship Under Reservation

Section 2-311 - Options and Cooperation Respecting Performance

Section 2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement

Section 2-313 - Express Warranties by Affirmation, Promise, Description, Sample

Section 2-314 - Implied Warranty; Merchantability; Usage of Trade

Section 2-315 - Implied Warranty; Fitness for Particular Use; Applicability to Lease and Bailment of Goods

Section 2-316 - Exclusion or Modification of Warranties

Section 2-316.1 - Limitation of Exclusion or Modification of Warranties to Consumers

Section 2-317 - Cumulation and Conflict of Warranties Express or Implied

Section 2-318 - Third Party Beneficiaries of Warranties Express or Implied

Section 2-319 - f.o.b. and f.a.s. Terms

Section 2-320 - c.i.f. and C. & F. Terms

Section 2-321 - c.i.f. or C. & f.; "Net Landed Weights"; "Payment on Arrival"; Warranty of Condition on Arrival

Section 2-322 - Delivery "Ex-Ship"

Section 2-323 - Form of Bill of Lading Required in Overseas Shipment; "Overseas"

Section 2-324 - "No Arrival, No Sale" Term

Section 2-325 - "Letter of Credit" Term; "Confirmed Credit"

Section 2-326 - Sale on Approval and Sale or Return

Section 2-327 - Special Incidents of Sale on Approval and Sale or Return

Section 2-328 - Sale by Auction