Exclusion or Modification of Warranties. - (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 2-202) 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 he 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 him; and (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade; and (d) the implied warranties of merchantability and fitness do not apply to the sale or barter of livestock or its unborn young, provided that seller offers sufficient evidence that all state and federal regulations pertaining to the health of such animals were complied with; provided, however, that the implied warranties of merchantability and fitness shall apply to the sale or barter of horses. (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 2-718 and 2-719). Laws 1961, p. 82, § 2-316; Laws 1981, c. 181, § 1.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1967–2025 · leading case:
Murray v. D & J Motor Co., 1998 OK CIV APP 69, 958 P.2d 823.
Murray v. D & J Motor Co., 1998 OK CIV APP 69, 958 P.2d 823.
· cites it 2× “If these implied warranties were not effectively excluded then evidence exists that supports a breach of implied warranties so as to justify submission of nonconformity to the jury.”
Tuttle v. Kelly-Springfield Tire Co., 585 P.2d 1116 (Okla. 1978).
· cites it 2× “4 Under the Code, 12A O.S.1971 § 2-316, a seller may disclaim all warranties if certain specific requirements are met.”
P.E.A.C.E. Corp. v. Oklahoma Nat. Gas Co., 568 P.2d 1273 (Okla. 1977).
“The trial court found this provision was conspicuous and thus valid under the requirements of 12A O.S.1971 § 2-316(2)(3). We do not agree.”
Gilmore v. St. Anthony Hosp., 598 P.2d 1200 (Okla. 1979).
“Gilmore was sufficient under 12A O.S.1971, § 2-316(2) to exclude an implied warranty of fitness.”
William C. Mitchell, Ltd. v. Brown, 576 N.W.2d 342 (Iowa 1998).
“29(C)(4)(a), (b) (Banks-Baldwin 1994) (providing that, except for sales of livestock for immediate slaughter, no implied warranties exist that animal is free from disease; however, there is an implied warranty that the seller has no knowledge or reason to know the animal is not…”
Leveridge v. Notaras, 433 P.2d 935 (Okla. 1967).
“12A O.S.1961, § 2-316, which applies, by its specific language, to “implied” (as distinguished from “express”) warranties.”
Davis v. Pumpco, Inc., 519 P.2d 557 (Okla. Civ. App. 1974).
“Title 12A O.S.1971 § 2-316 provides in part: “.”
Smith v. Sharpensteen, 521 P.2d 394 (Okla. 1974).
“The provisions of the Uniform Commercial Code on the subject of the exclusion or modification of warranties are found in 12A O.S.1971, § 2-316. Pertinent portions of subsections 2 and 3(a) thereof are as follows: “(2) Subject to subsection (3), * * * to exclude or modify any…”
Haygood v. JWC Env't Inc, No. 5:20-cv-00863 (W.D. Okla. July 10, 2023).
“See Okla. Stat. tit. 12A, § 2-316(2) (“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.”
Okla. Stat. tit. 12A, § 2-316(1): 1 case
Murray v. D & J Motor Co., 1998 OK CIV APP 69, 958 P.2d 823.
“If these implied warranties were not effectively excluded then evidence exists that supports a breach of implied warranties so as to justify submission of nonconformity to the jury.”
Okla. Stat. tit. 12A, § 2-316(2): 2 cases
Gilmore v. St. Anthony Hosp., 598 P.2d 1200 (Okla. 1979).
“Gilmore was sufficient under 12A O.S.1971, § 2-316(2) to exclude an implied warranty of fitness.”
Haygood v. JWC Env't Inc, No. 5:20-cv-00863 (W.D. Okla. July 10, 2023).
“See Okla. Stat. tit. 12A, § 2-316(2) (“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.”
Okla. Stat. tit. 12A, § 2-316(2)(3): 1 case
P.E.A.C.E. Corp. v. Oklahoma Nat. Gas Co., 568 P.2d 1273 (Okla. 1977).
“The trial court found this provision was conspicuous and thus valid under the requirements of 12A O.S.1971 § 2-316(2)(3). We do not agree.”
Okla. Stat. tit. 12A, § 2-316(3)(a): 1 case
Okla. Stat. tit. 12A, § 2-316(3)(d): 1 case
William C. Mitchell, Ltd. v. Brown, 576 N.W.2d 342 (Iowa 1998).
“29(C)(4)(a), (b) (Banks-Baldwin 1994) (providing that, except for sales of livestock for immediate slaughter, no implied warranties exist that animal is free from disease; however, there is an implied warranty that the seller has no knowledge or reason to know the animal is not…”
Okla. Stat. tit. 12A, § 2-316(4): 1 case
Tuttle v. Kelly-Springfield Tire Co., 585 P.2d 1116 (Okla. 1978).
“4 Under the Code, 12A O.S.1971 § 2-316, a seller may disclaim all warranties if certain specific requirements are met.”
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