§ 4-2.5-214 — Exclusion or modification of warranties

Colorado § 4-2.5-214

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Leases

Text

(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 4-2.5-202 on parol or
extrinsic evidence, negation or limitation is inoperative to the extent that the
construction is unreasonable.

(2) Subject to subsection (3) 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 (3) 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.

(3) Notwithstanding subsection (2) of this section, but subject to subsection
(4) of this section,

(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, and if in writing 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 4-2.5-211) 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.

Legislative History

Source: L. 91: Entire article added, p. 284, � 1, effective July 1, 1992.