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This entry was published on 2014-09-22
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Exclusion or Modification of Warranties
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 2
Section 2-A-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 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.