(810 ILCS 5/2-316) (from Ch. 26, par. 2-316)
Sec. 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 (Section 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; and
(d) the implied warranties of merchantability and fitness for a particular
purpose do not apply to the sale of cattle, swine, sheep, horses, poultry
and turkeys, or the unborn young of any of the foregoing, provided the seller
has made reasonable efforts to comply with State and federal regulations
pertaining to animal health. This exemption does not apply if the seller
had knowledge that the animal was diseased at the time of the sale.
(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 (Sections 2-718 and 2-719).
(Source: P.A. 82-234.)
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