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MS HB96

Bill

Status

Passed

3/10/2014

Primary Sponsor

Mark Baker

Click for details

Origin

House of Representatives

2014 Regular Session

AI Summary

  • Creates Section 75-2-316 to establish rules for excluding or modifying warranties in contracts between merchants, allowing use of language like "as is" or "with all faults" to exclude implied warranties.

  • Permits sellers of consumer goods to exclude or modify implied warranties of merchantability and fitness for a particular purpose, but allows sellers to recover damages from manufacturers for breach of those warranties.

  • Prohibits manufacturers of consumer goods from limiting or modifying consumers' remedies for breach of express warranties.

  • Exempts used motor vehicles (over 6 model years old or with over 75,000 miles driven) from consumer warranty protections if the seller provides prescribed notice at time of sale and the buyer separately acknowledges the exclusion by signature.

  • Repeals Section 75-2-315.1 and makes conforming amendments to Sections 75-2-314, 75-2-315, 75-2-719, and 11-7-18 effective July 1, 2014.

Legislative Description

UCC; revise waiver of implied warranties for sales between merchants and "as is" sales.

Last Action

Approved by Governor

3/10/2014

Committee Referrals

Judiciary, Division A2/14/2014
Judiciary A1/7/2014

Full Bill Text

No bill text available