Indiana Code
Chapter 2.1. Leases
26-1-2.1-214. Exclusion or Modification of Warranties

Sec. 214. (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 IC 26-1-2.1-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the 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", be by a writing, and be conspicuous. Subject to subsection (3), 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), but subject to subsection (4):
(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 (IC 26-1-2.1-211) 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.
As added by P.L.189-1991, SEC.3.

Structure Indiana Code

Indiana Code

Title 26. Commercial Law

Article 1. Uniform Commercial Code

Chapter 2.1. Leases

26-1-2.1-101. Short Title

26-1-2.1-102. Scope

26-1-2.1-103. Definitions and Index of Definitions

26-1-2.1-104. Leases Subject to Other Statutes

26-1-2.1-105. Territorial Application of Article to Goods Covered by Certificate of Title

26-1-2.1-106. Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum

26-1-2.1-107. Waiver or Renunciation of Claim or Right After Default

26-1-2.1-108. Unconscionability

26-1-2.1-109. Option to Accelerate at Will

26-1-2.1-201. Statute of Frauds

26-1-2.1-202. Final Written Expression; Parol or Extrinsic Evidence

26-1-2.1-203. Seals Inoperative

26-1-2.1-204. Formation in General

26-1-2.1-205. Firm Offers

26-1-2.1-206. Offer and Acceptance in Formation of Lease Contract

26-1-2.1-207. Repealed

26-1-2.1-208. Modification, Rescission, and Waiver

26-1-2.1-209. Lessee Under Finance Lease as Beneficiary of Supply Contract

26-1-2.1-210. Express Warranties

26-1-2.1-211. Warranties Against Interference and Against Infringement; Lessee's Obligation Against Infringement

26-1-2.1-212. Implied Warranty of Merchantability

26-1-2.1-213. Implied Warranty of Fitness for Particular Purpose

26-1-2.1-214. Exclusion or Modification of Warranties

26-1-2.1-215. Cumulation and Conflict of Warranties Express or Implied

26-1-2.1-216. Third-Party Beneficiaries of Express and Implied Warranties

26-1-2.1-217. Identification

26-1-2.1-218. Insurance and Proceeds

26-1-2.1-219. Risk of Loss

26-1-2.1-220. Effect of Default on Risk of Loss

26-1-2.1-221. Casualty to Identified Goods

26-1-2.1-301. Enforceability of Lease Contract

26-1-2.1-302. Title to and Possession of Goods

26-1-2.1-303. "Creation of a Security Interest"; Alienability of Party's Interest Under Lease Contract or of Lessor's Residual Interest in Goods; Delegation of Performance; Assignment of Rights

26-1-2.1-304. Subsequent Lease of Goods by Lessor

26-1-2.1-305. Sale or Sublease of Goods by Lessee

26-1-2.1-306. Priority of Certain Liens Arising by Operation of Law

26-1-2.1-307. Priority of Liens Related to Lease Contract

26-1-2.1-308. Special Rights of Creditors

26-1-2.1-309. Lessor's and Lessee's Rights When Goods Become Fixtures

26-1-2.1-310. Lessor's and Lessee's Rights When Goods Become Accessions

26-1-2.1-311. Subordination by Agreement; Persons Entitled to Priority

26-1-2.1-401. Insecurity; Adequate Assurance of Performance

26-1-2.1-402. Anticipatory Repudiation

26-1-2.1-403. Retraction of Anticipatory Repudiation

26-1-2.1-404. Substituted Performance

26-1-2.1-405. Excused Performance

26-1-2.1-406. Procedure on Excused Performance

26-1-2.1-407. Irrevocable Promises; Finance Leases

26-1-2.1-501. Default; Procedure

26-1-2.1-502. Notice After Default

26-1-2.1-503. Modification or Impairment of Rights and Remedies

26-1-2.1-504. Liquidation of Damages

26-1-2.1-505. Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies

26-1-2.1-506. Statute of Limitations

26-1-2.1-507. Proof of Market Rent; Time and Place

26-1-2.1-508. Lessee's Remedies

26-1-2.1-509. Lessee's Rights on Improper Delivery; Rightful Rejection

26-1-2.1-510. Installment Lease Contracts; Rejection and Default

26-1-2.1-511. Merchant Lessee's Duties as to Rightfully Rejected Goods

26-1-2.1-512. Lessee's Duties as to Rightfully Rejected Goods

26-1-2.1-513. Cure by Lessor of Improper Tender or Delivery; Replacement

26-1-2.1-514. Waiver of Lessee's Objections

26-1-2.1-515. Acceptance of Goods

26-1-2.1-516. Effect of Acceptance of Goods; Notice of Default; Burden of Establishing

26-1-2.1-517. Revocation of Acceptance of Goods

26-1-2.1-518. Cover; Substitute Goods

26-1-2.1-519. Lessee's Damages for Nondelivery, Repudiation, Default, and Breach of Warranty in Regard to Accepted Goods

26-1-2.1-520. Lessee's Incidental and Consequential Damages

26-1-2.1-521. Lessee's Right to Specific Performance or Replevin

26-1-2.1-522. Lessee's Right to Goods on Lessor's Insolvency

26-1-2.1-523. Lessor's Remedies

26-1-2.1-524. Lessor's Right to Identify Goods to Lease Contract

26-1-2.1-525. Lessor's Right to Possession of Goods

26-1-2.1-526. Lessor's Stoppage of Delivery

26-1-2.1-527. Lessor's Rights to Dispose of Goods

26-1-2.1-528. Lessor's Damages for Nonacceptance or Repudiation

26-1-2.1-529. Lessor's Action for the Rent

26-1-2.1-530. Lessor's Incidental Damages

26-1-2.1-531. Standing to Sue Third Parties for Injury to Goods

26-1-2.1-532. Recovery by Lessor for Loss of or Damage to Residual Interest