Okla. Stat. tit. 12A, § 12A-2-316
This is the official text of Okla. Stat. tit. 12A, § 12A-2-316, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Exclusion or Modification of Warranties
Official statutory text
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 warranty shall be construed wherever
reasonable as consistent with each other; but, subject to the
provisions of this Article on parol or extrinsic evidence (Section
2-202) negation or limitation is inoperative to the extent that such
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 and in case of a writing must be
conspicuous, and to exclude or modify any implied warranty of
fitness the exclusion must be by a writing and conspicuous. Language
to exclude all implied warranties of fitness is sufficient if it
states, for example, that "There are no warranties which extend
beyond the description on the face hereof."
(3) Notwithstanding subsection (2)
(a) unless the circumstances indicate otherwise, all
implied warranties are excluded by expressions like "as is", "with
all faults" or other language which in common understanding calls
the buyer's attention to the exclusion of warranties and makes plain
that there is no implied warranty; and
(b) when the buyer before entering into the contract
has examined the goods or the sample or model as fully as he desired
or has refused to examine the goods there is no implied warranty
with regard to defects which an examination ought in the
circumstances to have revealed to him; and
(c) an implied warranty can also be excluded or
modified by course of dealing or course of performance or usage of
trade; and
(d) the implied warranties of merchantability and
fitness do not apply to the sale or barter of livestock or its
unborn young, provided that seller offers sufficient evidence that
all state and federal regulations pertaining to the health of such
animals were complied with; provided, however, that the implied
warranties of merchantability and fitness shall apply to the sale or
barter of horses.
(4) Remedies for breach of warranty can be limited in
accordance with the provisions of this Article on liquidation or
limitation of damages and on contractual modification of remedy
(Sections 2-718 and 2-719).
relevant to the creation of an express warranty and words or conduct
tending to negate or limit warranty shall be construed wherever
reasonable as consistent with each other; but, subject to the
provisions of this Article on parol or extrinsic evidence (Section
2-202) negation or limitation is inoperative to the extent that such
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 and in case of a writing must be
conspicuous, and to exclude or modify any implied warranty of
fitness the exclusion must be by a writing and conspicuous. Language
to exclude all implied warranties of fitness is sufficient if it
states, for example, that "There are no warranties which extend
beyond the description on the face hereof."
(3) Notwithstanding subsection (2)
(a) unless the circumstances indicate otherwise, all
implied warranties are excluded by expressions like "as is", "with
all faults" or other language which in common understanding calls
the buyer's attention to the exclusion of warranties and makes plain
that there is no implied warranty; and
(b) when the buyer before entering into the contract
has examined the goods or the sample or model as fully as he desired
or has refused to examine the goods there is no implied warranty
with regard to defects which an examination ought in the
circumstances to have revealed to him; and
(c) an implied warranty can also be excluded or
modified by course of dealing or course of performance or usage of
trade; and
(d) the implied warranties of merchantability and
fitness do not apply to the sale or barter of livestock or its
unborn young, provided that seller offers sufficient evidence that
all state and federal regulations pertaining to the health of such
animals were complied with; provided, however, that the implied
warranties of merchantability and fitness shall apply to the sale or
barter of horses.
(4) Remedies for breach of warranty can be limited in
accordance with the provisions of this Article on liquidation or
limitation of damages and on contractual modification of remedy
(Sections 2-718 and 2-719).
Status: in_force · Read it on the official government site
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