Indiana § 26-1-2.1-214 Exclusion or modification of warranties

Indiana Statutes

§ 26-1-2.1-214 — Exclusion or modification of warranties

Indiana § 26-1-2.1-214

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 2.1Leases

This text of Indiana § 26-1-2.1-214 (Exclusion or modification of warranties) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-2.1-214 (2026).

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 IC 26-1-2.1-202 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

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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 a warranty must be construed wherever reasonable as
consistent with each other; but, subject to the provisions of IC 26-1-2.1-202 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 (IC 26-1-2.1-211) 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.