§ 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 2A—202 of this title 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, 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 (§ 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.
(5) The provisions of subdivisions (2), (3) and (4) of this section shall not apply to
leases of new or unused consumer goods or services. Any language, oral or written,
used by a lessor or manufacturer of consumer goods and services, which attempts to
exclude or modify any implied warranties of merchantability and fitness for a particular
purpose or to exclude or modify the consumer’s remedies for breach of those warranties,
shall be unenforceable. For the purposes of this section, “consumer” means consumer
as defined in 9 V.S.A. chapter 63. (Added 1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)