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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12A, § 12A-2A-214: Exclusion or modification of warranties

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  1. OK Code
  2. Title 12A

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 Section 11 of this act 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 (Section 20 of this act) 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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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