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).

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.