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LAWS OF MARYLAND

[Ch. 49

to sales of consular goods, as defined by § 9—109,
services, or both.

(2)     Any ORAL OR WRITTEN language[, oral or
written,] 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, [shall be] IS
unenforceable[, provided however, that]. HOWEVER, the
seller may recover from the manufacturer any damages
resulting from breach of the [above—described] IMPLIED
warranty OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.

(3)     Any ORAL OR WRITTEN language[, oral or
written,] 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, [shall
be] IS unenforceable, unless the manufacturer provides
reasonable and expeditious means of performing the
warranty obligations.

2—317. Cumulation and conflict of warranties express or
implied.

Warranties whether express or implied shall be
construed as consistent 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 sample or model or general
language of description.

(b)   A sample from an existing bulk displaces
inconsistent general language of description.

(c)    Express warranties displace inconsistent
implied warranties other than an implied warranty of
fitness for a particular purpose.

2—318. Third party beneficiaries of warranties express
or implied.

A seller's warranty whether express or implied
extends to any natural person who is in the family or
household of his buyer or who is a guest in his home or
any other ultimate consumer or user of the goods or
person affected thereby if it is reasonable to expect
that such person may use, consume or be affected by the
goods and who is injured in person by breach of the