448.4-115. Exclusion or modification of implied warranties of quality.

Exclusion or modification of implied warranties of quality.

448.4-115. 1. Except as limited by subsection 2 of thissection with respect to a purchaser of a unit which may be usedfor residential use, implied warranties of quality:

(1) May be excluded or modified by agreement of the parties;and

(2) Are excluded by expression of disclaimer, such as "asis", "with all faults", or other language which in commonunderstanding calls the buyer's attention to the exclusion ofwarranties.

2. With respect to a purchaser of a unit which may beoccupied for residential use, no general disclaimer of impliedwarranties of quality is effective, but a declarant may disclaimliability in an instrument signed by the purchaser for aspecified defect or specified failure to comply with applicablelaw, if the defect or failure entered into and became a part ofthe basis of the bargain.

(L. 1983 H.B. 177)