Section 2-A-214. Exclusion or Modification of Warranties  


Latest version.
  • (1)  Words  or conduct relevant to the creation of an express warranty
      and words or conduct tending to negate  or  limit  a  warranty  must  be
      construed  wherever  reasonable  as  consistent  with  each  other; but,
      subject to the provisions of  Section  2-A-202  on  parol  or  extrinsic
      evidence,  negation  or limitation is inoperative to the extent that the
      construction is unreasonable.
        (2) Subject to subsection  (3),  to  exclude  or  modify  the  implied
      warranty  of merchantability or any part of it the language must mention
      "merchantability", be by a  writing,  and  be  conspicuous.  Subject  to
      subsection (3), to exclude or modify any implied warranty of fitness the
      exclusion  must  be by a writing and be conspicuous. Language to exclude
      all implied warranties of fitness is sufficient if it is in writing,  is
      conspicuous  and  states,  for  example,  "there is no warranty that the
      goods will be fit for a particular purpose".
        (3) Notwithstanding subsection (2), but subject to subsection (4),
             (a) unless the  circumstances  indicate  otherwise,  all  implied
                 warranties are excluded by expressions like "as is," or "with
                 all   faults,"   or   by   other   language  that  in  common
                 understanding calls the lessee's attention to  the  exclusion
                 of  warranties  and  makes  plain  that  there  is no implied
                 warranty, if in writing and conspicuous;
             (b) if the lessee before entering into  the  lease  contract  has
                 examined the goods or the sample or model as fully as desired
                 or  has  refused  to  examine  the goods, there is no implied
                 warranty with regard to defects that an examination ought  in
                 the circumstances to have revealed; and
             (c) an  implied  warranty  may  also  be  excluded or modified by
                 course of dealing, course of performance, or usage of trade.
        (4) To exclude or modify a warranty against  interference  or  against
      infringement  (Section  2-A-211) or any part of it, the language must be
      specific, be by a writing, and be conspicuous, unless the circumstances,
      including course of performance, course of dealing, or usage  of  trade,
      give  the  lessee reason to know that the goods are being leased subject
      to a claim or interest of any person.