Section 41 Disclaiming Express Warranties

• Library: Commercial Law 2007

Under § 400.2-316(1), RSMo 2000, words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit an express warranty shall be construed wherever reasonable as consistent with each other. Disclaimers of express warranties, however, seem to be disfavored. Section 400.2-316(1) provides that, to the extent that construing a particular warranty and disclaimer as consistent is unreasonable, “negation or limitation is inoperative.” In Carpenter v. Chrysler Corp., 853 S.W.2d 346 (Mo. App. E.D. 1993), a...