1. Words or conduct relevant to the creation of an express warranty and words or conduct
tending to negate or limit warranty shall be construed wherever reasonable as consistent
with each other; but subject to the provisions of this Article on parol or extrinsic evidence
(section 554.2202) negation or limitation is inoperative to the extent that such construction
is unreasonable.
2. Subject to subsection 3, to exclude or modify the implied warranty of merchantability
or any part of it the language must mention merchantability and in case of a writing must
be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must
be by a writing and conspicuous. Language to exclude all implied warranties of fitness is
sufficient if it states, for example, that “There are no warranties which extend beyond the
description on the face hereof.”
3. Notwithstanding subsection 2
a. unless the circumstances indicate otherwise, all implied warranties are excluded by
expressions like “as is”, “with all faults” or other language which in common understanding
calls the buyer’s attention to the exclusion of warranties and makes plain that there is no
implied warranty; and
b. when the buyer before entering into the contract has examined the goods or the sample
or model as fully as the buyer desired or has refused to examine the goods there is no implied
warranty with regard to defects which an examination ought in the circumstances to have
revealed to the buyer; and
c. an implied warranty can also be excluded or modified by course of dealing or course of
performance or usage of trade.
4. Remedies for breach of warranty can be limited in accordance with the provisions of
this Article on liquidation or limitation of damages and on contractual modification of remedy
(sections 554.2718 and 554.2719).
[C66, 71, 73, 75, 77, 79, 81, §554.2316]
Referred to in §554.2314, 554.2315, 554A.1
Livestock warranty exemption, chapter 554A
\n
Notes of Decisions
Bruce v. ICI Americas, Inc., 933 F. Supp. 781 (S.D. Iowa 1996).
· cites it 14× “Plaintiffs counter that Zeneca’s disclaimer of warranties was not conspicuous and that, as a result, under Iowa law, the disclaimer was ineffective.”
Wright v. Brooke Grp. Ltd., 652 N.W.2d 159 (Iowa 2002).
· cites it 2× “Unless excluded or modified (section 554.2316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”
Van Wyk v. Norden Labs., Inc., 345 N.W.2d 81 (Iowa 1984).
· cites it 4× “2314 sets out the latter: (1) Unless excluded or modified (section 554.2316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”
All-Iowa Contracting Co. v. Linear Dynamics, Inc., 296 F. Supp. 2d 969 (N.D. Iowa 2003).
· cites it 6× “Iowa Code § 554.2316 (2) permits a seller to exclude an implied warranty of merchantability if the disclaimer: (1) mentions merchantability and (2) is conspicuous.”
BVS, Inc. v. CDW Direct, LLC, 88 F. Supp. 3d 948 (N.D. Iowa 2015).
· cites it 12× “” Iowa Code § 554.2316 (2). Subsection 3 continues: [Ujnless the circumstances indicate otherwise, all implied warranties are excluded by expressions like ‘as is’, ‘with all faults’ or other language which in common understanding calls the buyer’s attention to the exclusion of…”
Rexing Quality Eggs v. Rembrandt Enter., Inc., 360 F. Supp. 3d 817 (S.D. Ind. 2018).
· cites it 3× “" Iowa Code § 554.2316 . Rembrandt briefly suggests that paragraph I of the purchase agreement, which disclaims all express warranties except that the eggs would not be adulterated or misbranded, could preclude Rexing from recovering based upon a breach of either the location or…”
Conveyor Co. v. Sunsource Tech. Servs., Inc., 398 F. Supp. 2d 992 (N.D. Iowa 2005).
· cites it 2× “Unless excluded or modified (section 554.2316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.”
— Iowa Code § 554.2316(1) — 2 cases
— Iowa Code § 554.2316(2) — 6 cases
All-Iowa Contracting Co. v. Linear Dynamics, Inc., 296 F. Supp. 2d 969 (N.D. Iowa 2003).
“Iowa Code § 554.2316 (2) permits a seller to exclude an implied warranty of merchantability if the disclaimer: (1) mentions merchantability and (2) is conspicuous.”
Bruce v. ICI Americas, Inc., 933 F. Supp. 781 (S.D. Iowa 1996).
“Plaintiffs counter that Zeneca’s disclaimer of warranties was not conspicuous and that, as a result, under Iowa law, the disclaimer was ineffective.”
— Iowa Code § 554.2316(3)(b) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.