RCW 62A.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 RCW 62A.2A-202 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 (RCW 62A.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.
[1993 c 230 § 2A-214.]
NOTES:
Effective date—1993 c 230: See RCW 62A.11-110.
Structure Revised Code of Washington
Title 62A - Uniform Commercial Code
62A.2A-103 - Definitions and index of definitions.
62A.2A-104 - Leases subject to other law.
62A.2A-105 - Territorial application of article to goods covered by certificate of title.
62A.2A-107 - Waiver or renunciation of claim or right after default.
62A.2A-108 - Unconscionability.
62A.2A-201 - Statute of frauds.
62A.2A-202 - Final written expression: Parol or extrinsic evidence.
62A.2A-203 - Seals inoperative.
62A.2A-204 - Formation in general.
62A.2A-206 - Offer and acceptance in formation of lease contract.
62A.2A-208 - Modification, rescission, and waiver.
62A.2A-209 - Lessee under finance lease as beneficiary of supply contract.
62A.2A-210 - Express warranties.
62A.2A-212 - Implied warranty of merchantability.
62A.2A-213 - Implied warranty of fitness for particular purpose.
62A.2A-214 - Exclusion or modification of warranties.
62A.2A-215 - Cumulation and conflict of warranties express or implied.
62A.2A-216 - Third party beneficiaries of express and implied warranties.
62A.2A-218 - Insurance and proceeds.
62A.2A-220 - Effect of default on risk of loss.
62A.2A-221 - Casualty to identified goods.
62A.2A-301 - Enforceability of lease contract.
62A.2A-302 - Title to and possession of goods.
62A.2A-304 - Subsequent lease of goods by lessor.
62A.2A-305 - Sale or sublease of goods by lessee.
62A.2A-306 - Priority of certain liens arising by operation of law.
62A.2A-308 - Special rights of creditors.
62A.2A-309 - Lessor's and lessee's rights when goods become fixtures.
62A.2A-310 - Lessor's and lessee's rights when goods become accessions.
62A.2A-311 - Priority subject to subordination.
62A.2A-401 - Insecurity: Adequate assurance of performance.
62A.2A-402 - Anticipatory repudiation.
62A.2A-403 - Retraction of anticipatory repudiation.
62A.2A-404 - Substituted performance.
62A.2A-405 - Excused performance.
62A.2A-406 - Procedure on excused performance.
62A.2A-407 - Irrevocable promises: Finance leases.
62A.2A-501 - Default: Procedure.
62A.2A-502 - Notice after default.
62A.2A-503 - Modification or impairment of rights and remedies.
62A.2A-504 - Liquidation of damages.
62A.2A-506 - Statute of limitations.
62A.2A-507 - Proof of market rent: Time and place.
62A.2A-508 - Lessee's remedies.
62A.2A-509 - Lessee's rights on improper delivery; rightful rejection.
62A.2A-510 - Installment lease contracts: Rejection and default.
62A.2A-511 - Merchant lessee's duties as to rightfully rejected goods.
62A.2A-512 - Lessee's duties as to rightfully rejected goods.
62A.2A-513 - Cure by lessor of improper tender or delivery; replacement.
62A.2A-514 - Waiver of lessee's objections.
62A.2A-515 - Acceptance of goods.
62A.2A-517 - Revocation of acceptance of goods.
62A.2A-518 - Cover; substitute goods.
62A.2A-520 - Lessee's incidental and consequential damages.
62A.2A-521 - Lessee's right to specific performance or replevin.
62A.2A-522 - Lessee's right to goods on lessor's insolvency.
62A.2A-523 - Lessor's remedies.
62A.2A-524 - Lessor's right to identify goods to lease contract.
62A.2A-525 - Lessor's right to possession of goods.
62A.2A-526 - Lessor's stoppage of delivery in transit or otherwise.
62A.2A-527 - Lessor's rights to dispose of goods.
62A.2A-528 - Lessor's damages for nonacceptance, failure to pay, repudiation, or other default.
62A.2A-529 - Lessor's action for the rent.
62A.2A-530 - Lessor's incidental damages.
62A.2A-531 - Standing to sue third parties for injury to goods.