§ 32-37 Products Liability - Disclaimer of Warranties

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 32-37 Products Liability - Disclaimer of Warranties

The seller of goods may exclude such warranties as he does not wish to make. Under the provisions of the Uniform Commercial Code, the liability of a manufacturer or seller for personal injury, death, or property damage caused by a defective product, which is predicated on breach of an express or implied warranty, may be limited in two different ways: (1) by disclaiming the warranty or a part of the warranty itself; and (2) by limiting the remedy available on breach.

South Carolina Code section 36-2-316, entitled "Exclusion or modification of warranties," states:

(1) If the agreement creates an express warranty, words disclaiming it are inoperative.
(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it, the language must mention merchantability and, in case of a writing, must be conspicuous, and to exclude or modify any implied warranty of fitness, the exclusion must be by a writing and conspicuous. Language to exclude the implied warranty of merchantability or of fitness for a particular purpose must be specific, and if the inclusion of such language creates an ambiguity in the contract as a whole, it shall be resolved against the seller.
(3) Notwithstanding subsection (2)
(a)

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