47-2A214. Exclusion or modification of
warranties


A. Words or conduct relevant to the creation of an express warranty and words or
conduct tending to negate or limit a warranty must be construed wherever reasonable as
consistent with each other, but, subject to the provisions of section 47-2A202 on parol
or extrinsic evidence, negation or limitation is inoperative to the extent that the
construction is unreasonable.


B. Subject to subsection C of this section, to exclude or modify the implied
warranty of merchantability or any part of it the language must mention
"merchantability", be by a writing and be conspicuous. Subject to subsection C of this
section, to exclude or modify any implied warranty of fitness the exclusion must be by a
writing and be conspicuous. Language to exclude all implied warranties of fitness is
sufficient if it is in writing, is conspicuous and states, for example, "There is no
warranty that the goods will be fit for a particular purpose".


C. Notwithstanding subsection B of this section, but subject to subsection D of
this section:


1. Unless the circumstances indicate otherwise, all implied warranties are excluded
by expressions like "as is", or "with all faults", or by other language that in common
understanding calls the lessee's attention to the exclusion of warranties and makes plain
that there is no implied warranty, if in writing and conspicuous;


2. If the lessee before entering into the lease contract has examined the goods or
the sample or model as fully as desired or has refused to examine the goods, there is no
implied warranty with regard to defects that an examination ought in the circumstances to
have revealed; and


3. An implied warranty may also be excluded or modified by course of dealing,
course of performance or usage of trade.


D. To exclude or modify a warranty against interference or against infringement
(section 47-2A211) or any part of it, the language must be specific, be by a writing and
be conspicuous, unless the circumstances, including course of performance, course of
dealing or usage of trade, give the lessee reason to know that the goods are being leased
subject to a claim or interest of any person.