§490:2A-214  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 490:2A-202 on parol or extrinsic evidence, negation
or limitation is inoperative to the extent that the construction is
unreasonable.



(b)  Subject to subsection (c), 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), 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), but
subject to subsection (d):



(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 490:2A-211) 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. [L 1991, c 40, pt of §1]