{"data":{"id":"us-ky/krs-355.2a-214","jurisdiction":"us-ky","citation":"KRS 355.2A-214","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 a warranty must be construed wherever\nreasonable as consistent with each other; but, subject to the provisions of KRS\n355.2A-202 on parol or ex trinsic evidence, negation or limitation is inoperative to\nthe extent that the 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,\" be by\na writing, and be conspicuous. Subject to subsection (3), to exclude or modify any\nimplied warranty of fitness the exclusion must be by a writing and be conspicuous.\nLanguage to exclude all implied warranties of fitness is sufficient if it is  in writing,\nis conspicuous and states, for example, \"There is no warranty that the goods will be\nfit for a particular purpose.\"\n(3) Notwithstanding subsection (2), but subject to subsection (4):\n(a) Unless the circumstances indicate otherwise, all implied  warranties are\nexcluded by expressions like \"as is,\" or \"with all faults,\" or by other language\nthat in common understanding calls the lessee's attention to the exclusion of\nwarranties and makes plain that there is no implied warranty, if in writing and\nconspicuous;\n(b) If the lessee before entering into the lease contract has examined the goods or\nthe sample or model as fully as desired or has refused to examine the goods,\nthere is no implied warranty with regard to defects that an examination ought\nin the circumstances to have revealed; and\n(c) An implied warranty may also be excluded or modified by course of dealing,\ncourse of performance, or usage of trade.\n(4) To exclude or modify a warranty against interference or against infringement (KRS\n355.2A-211) or any part of it, the language must be specific, be by a writing, and be\nconspicuous, unless the circumstances, including course of performance, course of\ndealing, or usage of trade, give the lessee reason to know that the goods are being\nleased subject to a claim or interest of any person.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33371","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:43Z","sha256":"c5b87df5b44ff09b9397bfae5a58673dda88b227f1e25b133bd3d753b30e8e6c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2a-213","next":"us-ky/krs-355.2a-215"},"notice":"GroundRules: Original legal text. Not legal advice."}