Sec. 42a-2A-506. Disclaimer or modification of warranty.
Sec. 42a-2A-506. Disclaimer or modification of warranty. (a) Words or conduct
relevant to the creation of an express warranty and words or conduct tending to disclaim
or modify an express warranty must be construed wherever reasonable as consistent
with each other. However, subject to section 42a-2A-202, words or conduct disclaiming
or modifying an express warranty are ineffective to the extent that such construction is
unreasonable.
(b) Subject to subsection (c) of this section, to disclaim or modify an implied warranty of merchantability or fitness, or any part of either implied warranty, the following
rules apply:
(1) The language must be in a record and be conspicuous.
(2) In other than a consumer lease contract, the language is sufficient if:
(A) In the case of an implied warranty of merchantability, it mentions merchantability; and
(B) In the case of an implied warranty of fitness, the language states, for example,
that "There are no warranties which extend beyond the description on the face hereof".
(c) Unless the circumstances indicate otherwise, all implied warranties are disclaimed by expressions such as "as is" or "with all faults", or similar language, or conduct
that in common understanding makes it clear to the lessee that the lessor assumes no
responsibility for the quality or fitness of the goods. In a consumer contract, the requirements of this subsection must be satisfied by conspicuous language in a record.
(d) An implied warranty may also be disclaimed or modified by course of performance, course of dealing or usage of trade.
(e) If a lessee before entering into the contract has examined the goods or the sample
or model as fully as desired or has refused to examine the goods or the sample or model,
there is no implied warranty with regard to defects which a reasonable examination
ought in the circumstances to have revealed to the lessee.
(f) Remedies for breach of warranty may be limited in accordance with this article
with respect to liquidation or limitation of damages and contractual modification of
remedy.
(g) Subsections (b) to (f), inclusive, of this section shall not apply to leases of new
or used consumer goods, except for those goods clearly marked "irregular", "factory
seconds" or "damaged". Any language, oral or written, used by a lessor or manufacturer
of consumer goods that attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose, or to exclude or modify the consumer's
remedies for breach of such warranties, shall be unenforceable.
(P.A. 02-131, S. 44.)