{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-2-316","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-2-316","heading":"Exclusion or Modification of Warranties","body":"Exclusion or Modification of Warranties. - (1) Words or conduct\n\nrelevant to the creation of an express warranty and words or conduct\n\ntending to negate or limit warranty shall be construed wherever\n\nreasonable as consistent with each other; but, subject to the\n\nprovisions of this Article on parol or extrinsic evidence (Section\n\n2-202) negation or limitation is inoperative to the extent that such\n\nconstruction is unreasonable.\n\n(2) Subject to subsection (3), to exclude or modify the implied\n\nwarranty of merchantability or any part of it the language must\n\nmention merchantability and in case of a writing must be\n\nconspicuous, and to exclude or modify any implied warranty of\n\nfitness the exclusion must be by a writing and conspicuous. Language\n\nto exclude all implied warranties of fitness is sufficient if it\n\nstates, for example, that \"There are no warranties which extend\n\nbeyond the description on the face hereof.\"\n\n(3) Notwithstanding subsection (2)\n\n(a) unless the circumstances indicate otherwise, all\n\nimplied warranties are excluded by expressions like \"as is\", \"with\n\nall faults\" or other language which in common understanding calls\n\nthe buyer's attention to the exclusion of warranties and makes plain\n\nthat there is no implied warranty; and\n\n(b) when the buyer before entering into the contract\n\nhas examined the goods or the sample or model as fully as he desired\n\nor has refused to examine the goods there is no implied warranty\n\nwith regard to defects which an examination ought in the\n\ncircumstances to have revealed to him; and\n\n(c) an implied warranty can also be excluded or\n\nmodified by course of dealing or course of performance or usage of\n\ntrade; and\n\n(d) the implied warranties of merchantability and\n\nfitness do not apply to the sale or barter of livestock or its\n\nunborn young, provided that seller offers sufficient evidence that\n\nall state and federal regulations pertaining to the health of such\n\nanimals were complied with; provided, however, that the implied\n\nwarranties of merchantability and fitness shall apply to the sale or\n\nbarter of horses.\n\n(4) Remedies for breach of warranty can be limited in\n\naccordance with the provisions of this Article on liquidation or\n\nlimitation of damages and on contractual modification of remedy\n\n(Sections 2-718 and 2-719).","path":["OK Code","Title 12A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"c77e1f455d446673d8bdc5b8b1e4e87a1c7ab7acf650fa1d7e35dd3699140e20","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-2-315","next":"us-ok/okla.-stat.-tit.-12a-12a-2-317"},"notice":"GroundRules: Original legal text. Not legal advice."}