- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 12. Leases
- Section 214. Exclusion or Modification of Warranties.
previous: Section 213
. Implied Warranty of Fitness For Particular Purpose.
next: Section 215
. Cumulation and Conflict of Warranties Express or Implied.
AS 45.12.214. Exclusion or Modification of Warranties.
- (a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a
warranty shall be construed wherever reasonable as consistent with each other; but, subject to the provisions of AS 45.12.202
on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is
- (b) Subject to (c) of this section, to exclude or modify the implied warranty of merchantability or a part of it the
language must mention "merchantability," be by a writing, and be conspicuous. Subject to (c) of this section, to
exclude or modify an 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."
- (c) Notwithstanding (b) of this section, but subject to (d) of this section,
- (1) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with
all fault," 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;
- (2) 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
- (3) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
- (d) To exclude or modify a warranty against interference or against infringement described in AS 45.12.211
or a part of the warranty, 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.
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