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Ch. 11
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2000 LAWS OF MARYLAND
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MERCHANTABILITY IS SUFFICIENT TO DISCLAIM OR MODIFY THE WARRANTIES
UNDER §§ 21-403 AND 21-404 OF THIS SUBTITLE. A DISCLAIMER OR MODIFICATION
SUFFICIENT UNDER TITLE 2 OR TITLE 2A OF THIS ARTICLE TO DISCLAIM OR MODIFY
AN IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS SUFFICIENT TO
DISCLAIM OR MODIFY THE WARRANTIES UNDER § 21-405 OF THIS SUBTITLE.
(C) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, ALL IMPLIED
WARRANTIES, BUT NOT THE WARRANTY UNDER § 21-401 OF THIS SUBTITLE, ARE
DISCLAIMED BY EXPRESSIONS LIKE "AS IS" OR "WITH ALL FAULTS" OR OTHER
LANGUAGE THAT IN COMMON UNDERSTANDING CALLS THE LICENSEE'S ATTENTION
TO THE DISCLAIMER OF WARRANTIES AND MAKES PLAIN THAT THERE ARE NO
IMPLIED WARRANTIES.
(D) IF A LICENSEE BEFORE ENTERING INTO A CONTRACT HAS EXAMINED THE
INFORMATION OR THE SAMPLE OR MODEL AS FULLY AS IT DESIRED OR HAS
REFUSED TO EXAMINE THE INFORMATION, THERE IS NO IMPLIED WARRANTY WITH
REGARD TO DEFECTS THAT AN EXAMINATION OUGHT IN THE CIRCUMSTANCES TO
HAVE REVEALED TO THE LICENSEE.
(E) AN IMPLIED WARRANTY MAY ALSO BE DISCLAIMED OR MODIFIED BY
COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
(F) IF A CONTRACT REQUIRES ONGOING PERFORMANCE OR A SERIES OF
PERFORMANCES BY THE LICENSOR, LANGUAGE OF DISCLAIMER OR MODIFICATION
WHICH COMPLIES WITH THIS SECTION IS EFFECTIVE WITH RESPECT TO ALL
PERFORMANCES UNDER THE CONTRACT.
(G) REMEDIES FOR BREACH OF WARRANTY MAY BE LIMITED IN ACCORDANCE
WITH THIS TITLE WITH RESPECT TO LIQUIDATION OR LIMITATION OF DAMAGES AND
CONTRACTUAL MODIFICATION OF REMEDY
(H) THE PROVISIONS OF SUBSECTIONS (A) THROUGH (G) OF THIS SECTION DO
NOT APPLY TO A CONSUMER CONTRACT FOR A COMPUTER PROGRAM.
(I) (1) ANY ORAL OR WRITTEN LANGUAGE USED IN A CONSUMER
CONTRACT FOR A COMPUTER PROGRAM, WHICH ATTEMPTS TO EXCLUDE OR MODIFY
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OF A COMPUTER PROGRAM
CREATED UNDER § 21-403 OF THIS SUBTITLE. OR IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE UNDER § 21-405 OF THIS SUBTITLE, OR EXCLUDE OR
MODIFY THE CONSUMER'S REMEDIES FOR A BREACH OF THOSE WARRANTIES, IS
UNENFORCEABLE.
(2) A MERCHANT MAY RECOVER FROM A MANUFACTURER OR A
LICENSOR THAT CAUSED THE BREACH ANY DAMAGES RESULTING FROM THE
BREACH OF IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE THAT COULD NOT BE DISCLAIMED OR MODIFIED UNDER THIS
SECTION.
(J) ANY ORAL OR WRITTEN LANGUAGE USED BY A MERCHANT, LICENSOR, OR,
MANUFACTURER IN A CONSUMER CONTRACT FOR A COMPUTER PROGRAM WHICH
ATTEMPTS TO LIMIT OR MODIFY A CONSUMER'S REMEDIES FOR BREACH OF A
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- 104 -
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