{"data":{"id":"us-ok/okla.-stat.-tit.-12a-12a-2a-214","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12A, § 12A-2A-214","heading":"Exclusion or modification of warranties","body":"EXCLUSION OR MODIFICATION OF WARRANTIES\n\n(1) Words or conduct relevant to the creation of an express\n\nwarranty and words or conduct tending to negate or limit a warranty\n\nmust be construed wherever reasonable as consistent with each other;\n\nbut, subject to the provisions of Section 11 of this act on parol or\n\nextrinsic evidence, negation or limitation is inoperative to the\n\nextent that the construction is unreasonable.\n\n(2) Subject to subsection (3) of this section, to exclude or\n\nmodify the implied warranty of merchantability or any part of it the\n\nlanguage must mention \"merchantability\", be by a writing, and be\n\nconspicuous. Subject to subsection (3) of this section, to exclude\n\nor modify any implied warranty of fitness the exclusion must be by a\n\nwriting and be conspicuous. Language to exclude all implied\n\nwarranties of fitness is sufficient if it is in writing, is\n\nconspicuous and states, for example, \"There is no warranty that the\n\ngoods will be fit for a particular purpose.\"\n\n(3) Notwithstanding subsection (2) of this section, but subject\n\nto subsection (4) of this section:\n\n(a) unless the circumstances indicate otherwise, all\n\nimplied warranties are excluded by expressions like \"as is\", or\n\n\"with all faults\", or by other language that in common understanding\n\ncalls the lessee's attention to the exclusion of warranties and\n\nmakes plain that there is no implied warranty, if in writing and\n\nconspicuous;\n\n(b) if the lessee before entering into the lease\n\ncontract has examined the goods or the sample or model as fully as\n\ndesired or has refused to examine the goods, there is no implied\n\nwarranty with regard to defects that an examination ought in the\n\ncircumstances to have revealed; and\n\n(c) an implied warranty may also be excluded or\n\nmodified by course of dealing, course of performance, or usage of\n\ntrade.\n\n(4) To exclude or modify a warranty against interference or against\n\ninfringement (Section 20 of this act) or any part of it, the\n\nlanguage must be specific, be by a writing, and be conspicuous,\n\nunless the circumstances, including course of performance, course of\n\ndealing, or usage of trade, give the lessee reason to know that the\n\ngoods are being leased subject to a claim or interest of any person.","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":"aee4f95a40576540db3789c7c462c5236f2cc88817486ebb048e2a406db66076","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12a-12a-2a-213","next":"us-ok/okla.-stat.-tit.-12a-12a-2a-215"},"notice":"GroundRules: Original legal text. Not legal advice."}