WILLIAM DONALD SCHAEFER, Governor

Ch. 535

(B)      IF THE LESSEE BEFORE ENTERING INTO THE LEASE CONTRACT HAS
EXAMINED THE GOODS OR THE SAMPLE OR MODEL AS FULLY AS 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; AND

(C)     AN IMPLIED WARRANTY MAY ALSO BE EXCLUDED OR MODIFIED BY
COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

(4) TO EXCLUDE OR MODIFY A WARRANTY AGAINST INTERFERENCE OR
AGAINST INFRINGEMENT (§ 2A-211) OR ANY PART OF IT, THE LANGUAGE MUST BE
SPECIFIC, BE BY A WRITING, AND BE CONSPICUOUS, UNLESS THE CIRCUMSTANCES,
INCLUDING COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF
TRADE, GIVE THE LESSEE REASON TO KNOW THAT THE GOODS ARE BEING LEASED
SUBJECT TO A CLAIM OR INTEREST OF ANY PERSON.

2A-214.1. LIMITATION OF EXCLUSION OR MODIFICATION OF WARRANTIES TO
CONSUMERS

(1)      THE PROVISIONS OF § 2A-214 DO NOT APPLY TO LEASES OF CONSUMER
GOODS, AS DEFINED BY § 9-109, SERVICES, OR BOTH.

(2)      ANY ORAL OR WRITTEN LANGUAGE USED BY A LESSOR 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, IS UNENFORCEABLE. HOWEVER, THE LESSOR MAY RECOVER FROM
THE MANUFACTURER ANY DAMAGES RESULTING FROM BREACH OF THE IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(3)      ANY ORAL OR WRITTEN LANGUAGE 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, IS
UNENFORCEABLE, UNLESS THE MANUFACTURER PROVIDES REASONABLE AND
EXPEDITIOUS MEANS OF PERFORMING THE WARRANTY OBLIGATIONS.

(4)      (A) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A MOTOR
VEHICLE:

(I)       REQUIRED TO BE TITLED UNDER THE TRANSPORTATION
ARTICLE;

(II)     THAT IS OVER 6 MODEL YEARS OLD AND THAT HAS BEEN
DRIVEN MORE THAN 60,000 MILES; AND

(III)    IF, AT ANY TIME OF THE LEASE OF THE MOTOR VEHICLE, THE
LESSOR GIVES THE LESSEE NOTICE OF THE INAPPLICABILITY OF THIS SECTION ON
THE FORM PRESCRIBED UNDER § 13-119 OF THE TRANSPORTATION ARTICLE.

(B) (I) AN EXCLUSION OR MODIFICATION OF AN IMPLIED WARRANTY
OF MERCHANTABILITY, OR ANY PART OF A WARRANTY UNDER THIS SUBSECTION
SHALL BE IN WRITING, MENTION MERCHANTABILITY, AND BE CONSPICUOUS.

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