GA Code § 11-2-316 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 3 - General Obligation and Construction of Contract|§ 11-2-316. Exclusion or Modification of Warranties

  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 article on parol or extrinsic evidence (Code Section 11-2-202) negation or limitation is inoperative to the extent that such construction is unreasonable.   Subject to subsection (3) of this Code section, 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."   Notwithstanding subsection (2) of this Code section:     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   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   An implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade; and   With respect to the sale of cattle, hogs, and sheep by a licensed auction company or by an agent, there shall be no implied warranty by said auction company or agent that the cattle, hogs, and sheep are free from disease; provided, however, that the provisions of this paragraph shall not be applicable to brucellosis reactor cattle detected at an official state laboratory within 30 days following the date of sale.    Remedies for breach of warranty can be limited in accordance with the provisions of this article on liquidation or limitation of damages and on contractual modification of remedy (Code Sections 11-2-718 and 11-2-719).   The implied warranty of merchantability under Code Section 11-2-314 and the implied warranty of fitness for a particular purpose under Code Section 11-2-315 shall not be applicable to the procurement, processing, storage, distribution, or use of whole human blood, blood plasma, blood products, blood derivatives, or other human tissue or organs for the purpose of injecting, transfusing, incorporating, or transplanting any of them into the human body. The injection, transfusion, or other transfer of blood, blood plasma, blood products, or blood derivatives and the transplanting or other transfer of any tissue, bones, or organs into or unto the human body shall not be considered, for the purpose of this article, commodities subject to sale or barter, but shall be considered as medical services.   (Code 1933, § 109A-2 - 316, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1971, p. 457, § 2; Ga. L. 1979, p. 756, § 1.)   Cross references.   - Prohibition against sale, auction, etc., of livestock infected with disease or placed under quarantine by Commissioner of Agriculture, § 4-6-2.   Regulation of labeling of blood, blood plasma, etc., Ch. 24, T. 31.    For further provisions as to nonapplicability of implied warranties to blood transfusions, organ transplants, etc., § 51-1-28.   Law reviews.   - For article, "Sales Warranties Under Georgia's Uniform Commercial Code," see 1 Ga. St. B.J. 191 (1964). For article, "Georgia's New Statutory Liability for Manufacturers: An Inadequate Legislative Response," see 2 Ga. L. Rev. 538 (1968). For article, "Consumer Protection Against Sellers Misrepresentations," see 20 Mercer L. Rev. 414 (1969). For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970). For article discussing the implied warranty of fitness for a particular purpose, see 9 Ga. L. Rev. 149 (1974). For article, "Products Liability Law in Georgia: Is Change Coming?" see 10 Ga. St. B.J. 353 (1974). For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B.J. 409 (1974). For article surveying Georgia cases dealing with commercial law from June 1977 through May 1978, see 30 Mercer L. Rev. 15 (1978). For article discussing the applicability of warranty provisions under the Uniform Commercial Code to domestic solar energy devices, see 30 Mercer L. Rev. 547 (1979). For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981). For article, "Products Liability Law in Georgia Including Recent Developments," see 43 Mercer L. Rev. 27 (1991). For article, "Giving Unconscionability More Muscle: Attorney's Fees as a Remedy for Contractual Overreaching," see 44 Ga. L. Rev. 317 (2010). For note discussing implied warranties in the sale of second-hand goods, see 17 Mercer L. Rev. 455 (1966). For note, "Allowance of Punitive Damages in Products Liability Claims," see 6 Ga. L. Rev. 613 (1972). For note, "Buyer's Right to Revoke Acceptance Against the Automobile Manufacturer for Breach of its Continuing Warranty of Repair or Replacement," see 7 Ga. L. Rev. 711 (1973). For note, "Enforcing Manufacturers' Warranty Exclusions Against Non-Privity Commercial Purchasers: The Need for Uniform Guidelines," see 20 Ga. L. Rev. 461 (1986). For comment on Felder v. Neeves, 36 Ga. App. 41, 135 S.E. 219 (1926), see 1 Ga. L. Rev. No. 1 p. 51 (1927). For comment on Manheim v. Ford Motor Co., 210 So. 2d 440 (Fla. 1967), discussing effect of automobile manufacturer's disclaimer of the Uniform Commercial Code's implied warranties of merchantability and fitness, see 2 Ga. L. Rev. 314 (1968). For comment, "Damage Awards and Computer Systems - Trends," see 35 Emory L.J. 255 (1986). For comment, "U.C.C. Article Two Warranty Disclaimers and the 'Conspicuousness' Requirement of Section 2-316," see 43 Mercer L. Rev. 943 (1992).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Writing Requirement   Leases   Implied Warranty of Merchantability   Goods "Sold As Is"   Buyer's Examination of Goods   Actions    RESEARCH REFERENCES   Am. Jur. 2d.   - 63 Am. Jur. 2d, Products Liability, §§ 794 et seq., 826 et seq. 67A Am. Jur. 2d, Sales, §§ 822-852.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:285.   C.J.S.   - 77A C.J.S., Sales, § 263 et seq.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-316.   ALR.    - Warranties and conditions upon sale of seeds, nursery stock, etc., 16 A.L.R. 859; 32 A.L.R. 1241; 62 A.L.R. 451; 117 A.L.R. 470; 168 A.L.R. 581.    Validity and effect of provision in contract of sale which, in effect, guarantees the buyer against decline in prices, 29 A.L.R. 112.    Express or implied warranty on sale for accommodation of buyer, 32 A.L.R. 1150; 59 A.L.R. 1541.    Express or implied warranty of quality, condition, or fitness of automobile or truck sold by retail dealer, 34 A.L.R. 535; 43 A.L.R. 648.    Implied warranty or condition as to quality of timber or lumber, 52 A.L.R. 1536.    Validity of provision of contract of sale of personal property negativing implied warranties, 117 A.L.R. 1350.    Necessity of buyer's actual knowledge of disclaimer of warranty of personal property, 160 A.L.R. 357.    Law of sales and liability in respect thereof as applied to transactions in self-service stores, 163 A.L.R. 238.    Express warranty as excluding implied warranty of fitness, 164 A.L.R. 1321.   What amounts to a "sale by sample" as regards warranties, 12 A.L.R.2d 524.   Assignability of warranty of goods and chattels, 17 A.L.R.2d 1196.   Seller's waiver of sales contract provision limiting time within which buyer may object to or return goods or article for defects or failure to comply with warranty or representations, 24 A.L.R.2d 717.   Recovery by contractor or artisan, suing for breach of warranty, of damages for loss of good will occasioned by use in his business of unfit materials, 28 A.L.R.2d 591.   Measure and elements of recovery of buyer rescinding sale of domestic animal for seller's breach of warranty, 35 A.L.R.2d 1273.   Implied warranty of fitness on sale of livestock, 53 A.L.R.2d 892.   Manufacturer's or seller's duty to give warning regarding product as affecting his liability for product-caused injury, 76 A.L.R.2d 9, 53 A.L.R.3d 239.   Liability of manufacturer or seller for injury caused by automobile or other vehicle, aircraft, boat, or their parts, supplies, or equipment, 78 A.L.R.2d 460; 81 A.L.R.3d 318; 97 A.L.R.3d 627; 1 A.L.R.4th 411; 3 A.L.R.4th 489; 5 A.L.R.4th 483.   Liability of manufacturer or seller for injury caused by industrial, business, or farm machinery, tools, equipment, or materials, 78 A.L.R.2d 594; 2 A.L.R.4th 262.   Liability of manufacturer or seller for injury caused by paint, cement, lumber, building supplies, ladders, small tools, and like products, 78 A.L.R.2d 696; 84 A.L.R.3d 877.   Liability of manufacturer or seller for injury caused by toys, games, athletic or sports equipment, or like products, 78 A.L.R.2d 738; 95 A.L.R.3d 390.   Construction and effect of affirmative provision in contract of sale by which purchaser agrees to take article "as is," in the condition in which it is, or equivalent term, 24 A.L.R.3d 465.   Application of warranty provisions of Uniform Commercial Code to bailments, 48 A.L.R.3d 668.   Validity of disclaimer of warranty clauses in sale of new automobile, 54 A.L.R.3d 1217.   Construction and effect of UCC § 2-316(2) providing that implied warranty disclaimer must be "conspicuous,", 73 A.L.R.3d 248.   Products liability: liability for injury or death allegedly caused by defective tires, 81 A.L.R.3d 318.   Products liability: liability for injury or death allegedly caused by defect in snowmobile or other recreational-purpose vehicle, 81 A.L.R.3d 394; 66 A.L.R.4th 622.   Products liability: liability for injury or death allegedly caused by defect in mobile home or trailer, 81 A.L.R.3d 421.   Liability of manufacturer, seller, or installer for personal injury caused by door glass, 84 A.L.R.3d 877.   Measure of damages in action for breach of warranty of title to personal property under UCC § 2-714, 94 A.L.R.3d 583.   What constitutes "affirmation of fact" giving rise to express warranty under UCC § 2-313(1)(a), 94 A.L.R.3d 729.   Products liability: personal injury or death allegedly caused by defect in aircraft or its parts, supplies, or equipment, 97 A.L.R.3d 627.   Products liability: liability of manufacturer or seller for injury or death caused by defect in boat or its parts, supplies, or equipment, 1 A.L.R.4th 411.   Products liability: industrial accidents involving conveyor belts or systems, 2 A.L.R.4th 262.   Construction and effect of new motor vehicle warranty limiting manufacturer's liability to repair or replacement of defective parts, 2 A.L.R.4th 576.   Products liability: defective vehicular windows, 3 A.L.R.4th 489.   Products liability: farm machinery, 4 A.L.R.4th 13.   Products liability: elevators, 7 A.L.R.4th 852.   Products liability: stud guns, staple guns, or parts thereof, 8 A.L.R.4th 70; 33 A.L.R.4th 1189.   Products liability: transformer and other electrical equipment, 10 A.L.R.4th 854.   Products liability: cranes and other lifting apparatuses, 13 A.L.R.4th 476.   Products liability: cement and concrete, 15 A.L.R.4th 1186.   Products liability: tire rims and wheels, 16 A.L.R.4th 137.   Products liability: firefighting equipment, 19 A.L.R.4th 326.   Liability of hospital, physician, or other individual medical practitioner for injury or death resulting from blood transfusion, 20 A.L.R.4th 136.   Liability of blood supplier or donor for injury or death resulting from blood transfusion, 24 A.L.R.4th 508.   Products liability: building and construction lumber, 61 A.L.R.4th 121.   Liability for injury incurred in operation of power golf cart, 66 A.L.R.4th 622.   Products liability: industrial refrigerator equipment, 72 A.L.R.4th 90.   Products liability: scaffolds and scaffolding equipment, 74 A.L.R.4th 904.   Products liability: tractors, 75 A.L.R.4th 312.   Products liability: bicycles and accessories, 76 A.L.R.4th 117.   Products liability: exercise and related equipment, 76 A.L.R.4th 145.   Products liability: trampolines and similar devices, 76 A.L.R.4th 171.   Products liability: competitive sports equipment, 76 A.L.R.4th 201.   Products liability: skiing equipment, 76 A.L.R.4th 256.   Products liability: general recreational equipment, 77 A.L.R.4th 1121.   Products liability: mechanical amusement rides and devices, 77 A.L.R.4th 1152.   Products liability: lubricating products and systems, 80 A.L.R.4th 972.   Products liability: mechanical amusement rides and devices, 3 A.L.R.5th 851.   Products liability: theatrical equipment and props, 42 A.L.R.5th 699.   Liability on implied warranties in sale of used motor vehicle, 47 A.L.R.5th 677.   Validity, construction, and application of blood shield statutes, 75 A.L.R.5th 229.   Products liability: ladders, 81 A.L.R.5th 245.