70A-2a-214 - Exclusion or modification of warranties.
70A-2a-214. Exclusion or modification of warranties.
(1) Words or conduct relevant to the creation of an express warranty and words orconduct tending to negate or limit a warranty must be construed wherever reasonable asconsistent with each other; but, subject to the provisions of Section 70A-2a-202 on parol orextrinsic evidence, negation or limitation is inoperative to the extent that the construction isunreasonable.
(2) Subject to Subsection (3), to exclude or modify the implied warranty ofmerchantability 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 offitness the exclusion must be by a writing and be conspicuous. Language to exclude all impliedwarranties of fitness is sufficient if it is in writing, is conspicuous, and states, for example, "Thereis 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 byexpressions like "as is," or "with all faults," or by other language that in common understandingcalls the lessee's attention to the exclusion of warranties and makes plain that there is no impliedwarranty, if in writing and conspicuous;
(b) if the lessee before entering into the lease contract has examined the goods or thesample or model as fully as desired or has refused to examine the goods, there is no impliedwarranty 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 ofperformance, or usage of trade.
(4) To exclude or modify a warranty against interference or against infringement asprovided in Section 70A-2a-211, or any part of the warranty, the language must be specific, be bya writing, and be conspicuous, unless the circumstances, including course of performance, courseof dealing, or usage of trade, give the lessee reason to know that the goods are being leasedsubject to a claim or interest of any person.
Enacted by Chapter 197, 1990 General Session