Title 11, Chapter 2A, Section 214
( 11-2A-214)
Exclusion or modification of warranties. (1) 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 Code Section 11-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable. (2) Subject to subsection (3), 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 (3), 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." (3) Notwithstanding subsection (2), but subject to subsection (4), (a) 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; (b) 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 (c) An implied warranty may also be excluded or modified by course
of dealing, course of performance, or usage of trade. (4) To exclude or modify a warranty against interference or against infringement (Code Section 11-2A-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. |