400.2A-214. Exclusion or modification of warranties. - Missouri Statutes

Exclusion or modification of warranties.

400.2A-214. (1) Words or conduct relevant to the creationof an express warranty and words or conduct tending to negate orlimit a warranty must be construed wherever reasonable asconsistent with each other; but, subject to the provisions ofsection 400.2A-202 on parole or extrinsic evidence, negation orlimitation is inoperative to the extent that the construction isunreasonable.

(2) Subject to subsection (3), to exclude or modify theimplied warranty of merchantability or any part of it thelanguage must mention "merchantability", be by a writing, and beconspicuous. Subject to subsection (3), to exclude or modify anyimplied warranty of fitness the exclusion must be by a writingand be conspicuous. Language to exclude all implied warrantiesof fitness is sufficient if it is in writing, is conspicuous andstates, for example, "There is no warranty that the goods willbe fit for a particular purpose".

(3) Notwithstanding subsection (2), but subject tosubsection (4),

(a) unless the circumstances indicate otherwise, allimplied warranties are excluded by expressions like "as is", or"with all faults", or by other language that in commonunderstanding calls the lessee's attention to the exclusion ofwarranties and makes plain that there is no implied warranty, ifin writing and conspicuous;

(b) if the lessee before entering into the lease contracthas examined the goods or the sample or model as fully as desiredor has refused to examine the goods, there is no implied warrantywith regard to defects that an examination ought in thecircumstances to have revealed; and

(c) an implied warranty may also be excluded or modified bycourse of dealing, course of performance, or usage of trade.

(4) To exclude or modify a warranty against interference oragainst infringement (Section 400.2A-211) or any part of it, thelanguage must be specific, be by a writing, and be conspicuous,unless the circumstances, including course of performance, courseof dealing, or usage of trade, give the lessee reason to knowthat the goods are being leased subject to a claim or interest ofany person.

(L. 1992 S.B. 448)