{"data":{"id":"us-ky/krs-355.2-316","jurisdiction":"us-ky","citation":"KRS 355.2-316","heading":"Exclusion or modification of warranties.","body":"(1) Words or conduct relevant to the creation of an express warranty and words or\nconduct tending to negate or limit warranty shall be construed wherever reasonable\nas consistent with each other; but subject to the provisions of this article on parol or\nextrinsic evidence (KRS 355.2 -202) negation or limitation is inoperative to the\nextent that such construction is unreasonable.\n(2) Subject to subsection (3), to exclude or modify the implied warranty of\nmerchantability or any part of it the language must mention  merchantability and in\ncase of a writing must be conspicuous, and to exclude or modify any implied\nwarranty of fitness the exclusion must be by a writing and conspicuous. Language\nto exclude all implied warranties of fitness is sufficient if it states, fo r example, that\n\"There are no warranties which extend beyond the description on the face hereof.\"\n(3) Notwithstanding subsection (2)\n(a) unless the circumstances indicate otherwise, all implied warranties are\nexcluded by expressions like \"as is,\" \"with all  faults\" or other language which\nin common understanding calls the buyer's attention to the exclusion of\nwarranties and makes plain that there is no implied warranty; and\n(b) when the buyer before entering into the contract has examined the goods or\nthe sample or model as fully as he desired or has refused to examine the goods\nthere is no implied warranty with regard to defects which an examination\nought in the circumstances to have revealed to him; and\n(c) an implied warranty can also be excluded or modifi ed by course of dealing or\ncourse of performance or usage of trade; and\n(d) with respect to the sale of bovine, porcine, ovine, and equine animals, or\npoultry there shall be no implied warranty that the animals are free from\ndisease or sickness. This exemption shall not apply when the seller knowingly\nsells animals which are diseased or sick.\n(4) Remedies for breach of warranty can be limited in accordance with the provisions\nof this article on liquidation or limitation of damages and on contractual\nmodification of remedy (KRS 355.2-718 and 355.2-719).","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33276","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:42Z","sha256":"767e920f40acef96224948a72317b005381a29076a1007489c794b2f2313eaa2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2-315","next":"us-ky/krs-355.2-317"},"notice":"GroundRules: Original legal text. Not legal advice."}