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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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