MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Horhn

AN ACT TO AMEND SECTION 75-2-315.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PROHIBITION AGAINST THE EXCLUSION OR MODIFICATION OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS BY A SELLER OF CONSUMER GOODS SHALL NOT APPLY TO CUSTOM COMPUTER SOFTWARE SOLD AS BETWEEN MERCHANTS; 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) 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) 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)(a) The provisions of this section do not apply to a motor vehicle:

(i) Required to be titled under the state law;

(ii) That is over six (6) model years old or that has been driven more than seventy-five thousand (75,000) miles; and

(iii) If, at the time of the sale of the motor vehicle, the seller gives the purchaser notice of the inapplicability of this section on the form prescribed by the State Attorney General.

(b) The provisions of this section do not apply to custom computer software sold as between merchants.

(c)(i) An exclusion or modification of an implied warranty of merchantability, or any part of a warranty under this subsection, shall be in writing, mention merchantability and be conspicuous.

(ii) An exclusion or modification of the implied warranty of fitness shall be in writing and conspicuous.

(iii) Any exclusion or modification of either warranty shall be separately acknowledged by the signature of the buyer.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.