Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
336.2A-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 section 336.2A-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 (section
336.2A-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.
History: 1989 c 232 art 1 s 2A-214
(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 section 336.2A-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 (section
336.2A-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.
History: 1989 c 232 art 1 s 2A-214
Official Publication of the State of Minnesota
Revisor of Statutes