8.2A-214 - A-214. Exclusion or modification of warranties.
§ 8.2A-214. Exclusion or modification of warranties.
(1) Words or conduct relevant to the creation of an express warranty andwords or conduct tending to negate or limit a warranty must be construedwherever reasonable as consistent with each other; but, subject to theprovisions of § 8.2A-202 on parol or extrinsic evidence, negation orlimitation is inoperative to the extent that the construction is unreasonable.
(2) Subject to subsection (3) of this section, to exclude or modify theimplied warranty of merchantability or any part of it the language mustmention "merchantability," be by a writing, and be conspicuous. Subject tosubsection (3) in this section, to exclude or modify any implied warranty offitness the exclusion must be by a writing and be conspicuous. Language toexclude all implied warranties of fitness is sufficient if it is in writing,is conspicuous and states, for example, "There is no warranty that the goodswill be fit for a particular purpose."
(3) Notwithstanding subsection (2) of this section, but subject to subsection(4) of this section,
(a) unless the circumstances indicate otherwise, all implied warranties areexcluded by expressions like "as is," or "with all faults," or by otherlanguage that in common understanding calls the lessee's attention to theexclusion of warranties and makes plain that there is no implied warranty, ifin writing and conspicuous;
(b) if the lessee before entering into the lease contract has examined thegoods or the sample or model as fully as desired or has refused to examinethe 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 by course ofdealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference or againstinfringement (§ 8.2A-211) or any part of it, the language must be specific,be by a writing, and be conspicuous, unless the circumstances, includingcourse of performance, course of dealing, or usage of trade, give the lesseereason to know that the goods are being leased subject to a claim or interestof any person.
(1991, c. 536.)