§ 2-A-214 — Exclusion or Modification of Warranties

New York § 2-A-214

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 2: Formation and Construction of Lease Contract
• Art. 2-A: Leases

Text

Section 2-A-214. Exclusion or Modification of Warranties.\n (1) Words or conduct relevant to the creation of an express warranty\nand words or conduct tending to negate or limit a warranty must be\nconstrued wherever reasonable as consistent with each other; but,\nsubject to the provisions of Section 2-A-202 on parol or extrinsic\nevidence, negation or limitation is inoperative to the extent that the\nconstruction is unreasonable.\n (2) Subject to subsection (3), to exclude or modify the implied\nwarranty of merchantability or any part of it the language must mention\n"merchantability", be by a writing, and be conspicuous. Subject to\nsubsection (3), to exclude or modify any implied warranty of fitness the\nexclusion must be by a writing and be conspicuous. Language to exclude\nall implied warranties of fitness is sufficient if it is in writing, is\nconspicuous and states, for example, "there is no warranty that the\ngoods will be fit for a particular purpose".\n (3) Notwithstanding subsection (2), but subject to subsection (4),\n (a) unless the circumstances indicate otherwise, all implied\n warranties are excluded by expressions like "as is," or "with\n all faults," or by other language that in common\n understanding calls the lessee's attention to the exclusion\n of warranties and makes plain that there is no implied\n warranty, if in writing and conspicuous;\n (b) if the lessee before entering into the lease contract has\n examined the goods or the sample or model as fully as desired\n or has refused to examine the goods, there is no implied\n warranty with regard to defects that an examination ought in\n the circumstances to have revealed; and\n (c) an implied warranty may also be excluded or modified by\n course of dealing, course of performance, or usage of trade.\n (4) To exclude or modify a warranty against interference or against\ninfringement (Section 2-A-211) or any part of it, the language must be\nspecific, be by a writing, and be conspicuous, unless the circumstances,\nincluding course of performance, course of dealing, or usage of trade,\ngive the lessee reason to know that the goods are being leased subject\nto a claim or interest of any person.\n