- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 316. Exclusion or Modification of Warranties.
previous: Section 315
. Implied Warranty: Fitness For Particular Purpose.
next: Section 317
. Cumulation and Conflict of Warranties Express or Implied.
AS 45.02.316. Exclusion or Modification of Warranties.
- (a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit
warranty shall be construed where reasonable as consistent with each other; but subject to the provisions on parol or
extrinsic evidence (AS 45.02.202
), negation or limitation is inoperative to the extent that such construction is unreasonable.
- (b) Subject to (c) of this 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 an 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 of this instrument."
- (c) Notwithstanding (b) of this section,
- (1) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," "with
all faults," or other language that in common understanding calls the buyer's attention to the exclusion of warranties
and makes plain that there is no implied warranty; and
- (2) when the buyer, before entering into the contract, has examined the goods or the sample or model as fully as the buyer
desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination
ought in the circumstances to have revealed to the buyer; and
- (3) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.
- (d) Remedies for breach of warranty can be limited in accordance with the provisions on liquidation or limitation of
damages and on contractual modification of remedy (AS 45.02.718
- (e) Implied warranties of merchantability and fitness are not applicable to a contract for the sale of human blood, blood
plasma or other human tissue or organs from a blood bank or reservoir of tissue or organs. The blood, blood plasma,
tissue, or organs may not, for the purposes of this chapter, be considered commodities subject to sale or barter, but
shall be considered medical services.
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