§ 554.2316

554.2316 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 consistentwith each other; but subject to the provisions of this Article on parol or extrinsic evidence(section 554.2202) negation or limitation is inoperative to the extent that such constructionis 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 mustbe conspicuous, and to exclude or modify any implied warranty of fitness the exclusion mustbe by a writing and conspicuous. Language to exclude all implied warranties of fitness issufficient if it states, for example, that 'There are no warranties which extend beyond thedescription on the face hereof.' 3. Notwithstanding subsection 2a. unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like 'as is', 'with all faults' or other language which in common understandingcalls the buyer’s attention to the exclusion of warranties and makes plain

mplied warranties are excluded by expressions like 'as is', 'with all faults' or other language which in common understandingcalls the buyer’s attention to the exclusion of warranties and makes plain that there is noimplied warranty; and b. when the buyer before entering into the contract has examined the goods or the sample or model as fully as the buyer desired or has refused to examine the goods there is no impliedwarranty with regard to defects which an examination ought in the circumstances to haverevealed to the buyer; and c. an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade. 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 554.2718 and 554.2719). [C66, 71, 73, 75, 77, 79, 81, §554.2316]Referred to in §554.2314, 554.2315, 554A.1Livestock warranty exemption, chapter 554A Sat Dec 23 01:49:45 2023 Iowa Code 2024, Section 554.2316 (25, 0)