27.0701 Warranties of merchantability and fitness for a particular purpose.

Cite as [A.S.C.A. § 27.0701]

(a) Notwithstanding any other provision of law to the contrary, with respect to any goods or services which are the subject of or are intended to become the subject of a consumer transaction, and which are purchased primarily for personal, family, or household use and not for commercial or business use, no merchant shall orally or by written language:

(1) exclude, modify or otherwise attempt to limit any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose; or

(2) exclude, modify or attempt to limit any remedy provided by law, including the measure of damages available, for a breach of warranty, express or implied. Any such exclusions, modifications or attempted limitations shall be void.

(b) Notwithstanding any language in subsection (a), any merchant may offer warranty coverage greater than the warranty provided by law or the manufacturer, or, offer original warranty coverage where none is provided by the manufacturer.

History: 1985, PL 19-9 § 1.