(1) The provisions of § 2-316 do not apply to sales of consumer goods, as
defined by § 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 and fitness for a particular purpose or to exclude or
modify the consumer's remedies for breach of those warranties, is
unenforceable. However, the seller may recover from the manufacturer
any damages resulting from breach of the implied warranty of
merchantability or fitness for a particular purpose.
(3) 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 provides reasonable and expeditious means of performing
the warranty obligations.
(4) (a) The provisions of this section do not apply to a motor vehicle:
(i) Required to be titled under the Transportation Article;
(ii) That is over 6 model years old and that has been driven more than
60,000 miles; and
(iii) If, at the time of the sale of the motor vehicle, the seller gives the
purchaser notice of the inapplicability of this section on the form
prescribed under § 13-119 of the Transportation Article.
(b) (i) An exclusion or modification of an implied warranty of merchantability,
or any part of a warranty under this subsection shall be in writing,
mention merchantability, and be conspicuous.
(ii) An exclusion or modification of the implied warranty of fitness shall
be in writing and conspicuous.
(iii) Any exclusion or modification of either warranty shall be separately
acknowledged by the signature of the buyer.
|
