806                                 LAWS OF MARYLAND                         [CH. 538

2—315. Implied Warranty: Fitness for Particular Purpose.

Where the seller at the time of contracting has reason to know
any particular purpose for which the goods are required and that the
buyer is relying on the seller's skill or judgment to select or furnish
suitable goods, there is unless excluded or modified under the next
section an implied warranty that the goods shall be fit for such pur-
pose.

2—316. Exclusion or Modification of Warranties.

(1)  Words or conduct relevant to the creation of an express war-
ranty 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 Sub-title on parole or extrinsic evi-
dence (Section 2—202) negation or limitation is inoperative to the
extent that such construction is unreasonable.

(2)  Subject to sub-section (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 conspicu-
ous, 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 sub-section (2)

(a)  unless the circumstances indicate otherwise, all implied war-
ranties 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.

(4) Remedies for breach of warranty can be limited in accordance
with the provisions of this Sub-title on liquidation or limitation of
damages and on contractual modification of remedy (Sections 2—718
and 2—719).

2—317. Cumulation and Conflict of Warranties Express or Implied.

Warranties whether express or implied shall be construed as con-
sistent with each other and as cumulative, but if such construction
is unreasonable the intention of the parties shall determine which
warranty is dominant. In ascertaining that intention the following
rules apply:

(a) Exact or technical specifications displace an inconsistent sam-
ple or model or general language of description.