§ 6A-2.1-214 - Exclusion or modification of warranties.
SECTION 6A-2.1-214
§ 6A-2.1-214 Exclusion or modification ofwarranties. – (1) Words or conduct relevant to the creation of an express warranty and wordsor conduct tending to negate or limit a warranty must be construed whereverreasonable as consistent with each other; but, subject to the provisions of§ 6A-2.1-202 on parol or extrinsic evidence, negation or limitation isinoperative to the extent that the construction is unreasonable.
(2) Subject to subsection (3), to exclude or modify theimplied 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 beby a writing and be conspicuous. Language to exclude all implied warranties offitness is sufficient if it is in writing, is conspicuous, and states, forexample, "There is no warranty that the goods will be fit for a particularpurpose".
(3) Notwithstanding subsection (2), but subject to subsection(4),
(a) Unless the circumstances indicate otherwise, all impliedwarranties are excluded by expressions like "as is," or "with all faults," orby other language that in common understanding calls the lessee's attention tothe 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 hasexamined the goods or the sample or model as fully as desired or has refused toexamine the goods, there is no implied warranty with regard to defects that anexamination ought in the circumstances to have revealed; and
(c) An implied warranty may also be excluded or modified bycourse of dealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference oragainst infringement (§ 6A-2.1-211) or any part of it, the language mustbe specific, be by a writing, and be conspicuous, unless the circumstances,including course of performance, course of dealing, or usage of trade, give thelessee reason to know that the goods are being leased subject to a claim orinterest of any person.