Bill Text: MS HB476 | 2010 | Regular Session | Introduced
Bill Title: Exclusion/modification of warranties; remove exception for motor vehicles to unenforceability of.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB476 Detail]
Download: Mississippi-2010-HB476-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Moak
House Bill 476
AN ACT TO AMEND SECTION 75-2-315.1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT EXCLUSIONS OR MODIFICATIONS OF EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE NOT ENFORCEABLE, TO REMOVE CERTAIN EXCEPTIONS TO THAT UNENFORCEABILITY PROVISION RELATING TO MOTOR VEHICLES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-2-315.1, Mississippi Code of 1972, is amended as follows:
75-2-315.1. (1) Except as may be otherwise provided in subsection (3) of this section, any oral or written language used by a seller of consumer goods and services, which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify the consumer's remedies for breach of those warranties, is unenforceable. However, the seller may recover from the manufacturer any damages resulting from breach of the implied warranty of merchantability or fitness for a particular purpose.
(2) Except as may be otherwise provided in subsection (3) of this section, any oral or written language used by a manufacturer of consumer goods, which attempts to limit or modify a consumer's remedies for breach of the manufacturer's express warranties, is unenforceable.
(3) * * * The provisions of this section do not apply to * * * the express disclaimer or express modification of any implied warranties of merchantability and fitness for a particular purpose, or any express limitation of remedies for breach of such warranties, concerning computer hardware, computer software, and services performed on computer hardware and computer software which are sold between merchants.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.
