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§12A-2A-214.


§12A-2A-214.
   
                  EXCLUSION OR MODIFICATION OF WARRANTIES
                                      
   (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 11 of this act on parol or
   extrinsic evidence, negation or limitation is inoperative to the
   extent that the construction is unreasonable.
   
   (2) Subject to subsection (3) of this section, 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) of this section, 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) of this section, but subject to
   subsection (4) of this section:
   
   (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 20 of this act) 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. 

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