Vermont § 316 - § 2—316.
Full text of Vermont Vermont Statutes Online § 316 — § 2—316., with citation guidance and answers to common questions.
§ 316. § 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 article 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) of this section, to exclude or modify the implied warranty
or 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) of this section: (a) unless the circumstances indicate otherwise, all implied warranties of fitness may
be 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 or she 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 or her; 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 article on liquidation or limitation of damages and on contractual modification of remedy (§§ 2—718 and 2—719). (5) The provisions of subsections (2), (3) and (4) of this section shall not apply to
sales of new or unused consumer goods or services. Any language, oral or written,
used by a seller or manufacturer 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,
shall be unenforceable. For the purposes of this section, “consumer” means consumer
as defined in 9 V.S.A. chapter 63. (Amended 1971, No. 235 (Adj. Sess.), § 3, eff. July 1, 1972.)
Frequently Asked Questions About Vermont § 316
What does Vermont Statutes Online § 316 cover?
Section 316 ("§ 2—316.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 316?
A common citation format is "Vermont Statutes Online § 316" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 316 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.