MARVIN MANDEL, Governor

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lease of goods and a bailment for hire of goods [that]
WHICH pass through the physical possession OF and are
maintained by the lessor, sublessor, or bailor.

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 [subtitle] TITLE on parole or
extrinsic evidence (§ 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.

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

2—316.1. [2—316A.] Limitation of exclusion or

modification of warranties TO CONSUMERS.

(1) The provisions of § 2—316 [shall] DO not apply