(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
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 2-316 - 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 2-322 - 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