KRS 355.2A-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 KRS

355.2A-202 on parol or ex trinsic 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 (KRS

355.2A-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.