Delaware Code § 6-2A-214

Exclusion or modification of warranties
Open in Lexace · Ask the AI about this section
(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must
be construed wherever reasonable as consistent with each other; but, subject to the provisions of Section 2A-202 on parol or extrinsic
evidence, negation or limitation is inoperative to the extent that the 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", be by a writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness
the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing,
is conspicuous and states, for example, "There is no warranty that the goods will be fit for a particular purpose".
(3) Notwithstanding subsection (2), but subject to subsection (4),
(a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with all faults,"
or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there
is no implied warranty, if in writing and conspicuous;
(b) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has
refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to
have revealed; and
(c) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference or against infringement (Section 2A-211) or any part of it, the language must
be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage
of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.