Ch. 535

1994 LAWS OF MARYLAND

(II)     AN EXCLUSION OR MODIFICATION OF THE IMPLIED
WARRANTY OF FITNESS SHALL BE IN WRITING AND CONSPICUOUS.

(III)    ANY EXCLUSION OR MODIFICATION OF EITHER WARRANTY
SHALL BE SEPARATELY ACKNOWLEDGED BY THE SIGNATURE OF THE LESSEE.

2A-215. CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED

WARRANTIES, WHETHER EXPRESS OR IMPLIED, MUST BE CONSTRUED AS
CONSISTENT WITH EACH OTHER AND AS CUMULATIVE, BUT IF THAT
CONSTRUCTION IS UNREASONABLE, THE INTENTION OF THE PARTIES DETERMINES
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.

2A-216. THIRD-PARTY BENEFICIARIES OF EXPRESS AND IMPLIED WARRANTIES

A WARRANTY TO OR FOR THE BENEFIT OF A LESSEE UNDER THIS ARTICLE,
WHETHER EXPRESS OR IMPLIED, EXTENDS TO ANY NATURAL PERSON WHO IS IN
THE FAMILY OR HOUSEHOLD OF THE LESSEE OR WHO IS A GUEST IN THE LESSEE'S
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 WARRANTY. THIS SECTION DOES NOT DISPLACE PRINCIPLES OF
LAW AND EQUITY THAT EXTEND A WARRANTY TO OR FOR THE BENEFIT OF A
LESSEE TO OTHER PERSONS. THE OPERATION OF THIS SECTION MAY NOT BE
EXCLUDED, MODIFIED, OR LIMITED, BUT AN EXCLUSION, MODIFICATION, OR
LIMITATION OF THE WARRANTY, INCLUDING ANY WITH RESPECT TO RIGHTS AND
REMEDIES, EFFECTIVE AGAINST THE LESSEE IS ALSO EFFECTIVE AGAINST ANY
BENEFICIARY DESIGNATED UNDER THIS SECTION.

2A-217. IDENTIFICATION

: IDENTIFICATION OF GOODS AS GOODS TO WHICH A LEASE CONTRACT REFERS
MAY BE MADE AT ANY TIME AND IN ANY MANNER EXPLICITLY AGREED TO BY THE
PARTIES. IN THE ABSENCE OF EXPLICIT AGREEMENT, IDENTIFICATION OCCURS:

(A) WHEN THE LEASE CONTRACT IS MADE IF THE LEASE CONTRACT IS
FOR A LEASE OF GOODS THAT ARE EXISTING AND IDENTIFIED;

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