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(1) Words or conduct relevant to the creation of an express warranty and words or conduct
tending to negate or limit warranty shall be construed wherever reasonable as consistent with each
other; but subject to the provisions of this article on parol or extrinsic evidence (section 336.2-202)
negation or limitation is inoperative to the extent that such 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 and in case of a writing must be
conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a
writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient
if it states, for example, that "There are no warranties which extend beyond the description
on the face hereof."
(3) Notwithstanding subsection (2)
(a) unless the circumstances indicate otherwise, all implied warranties are excluded by
expressions like "as is," "with all faults" or other language which in common understanding calls
the buyer's attention to the exclusion of warranties and makes plain that there is no implied
warranty; and
(b) when the buyer before entering into the 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 which an examination ought in the circumstances to have revealed; and
(c) an implied warranty can also be excluded or modified by course of dealing or course
of performance or usage of trade.
(4) Remedies for breach of warranty can be limited in accordance with the provisions of
this article on liquidation or limitation of damages and on contractual modification of remedy
(sections 336.2-718 and 336.2-719).
History: 1965 c 811 s 336.2-316; 1986 c 444