West Virginia Code § 46-2A-214

Exclusion or modification of warranties
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(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. e
(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 uimplied 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 conspictuous 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 otherwisse, 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 ito the exclusion of warranties and makes plain
that there is no implied warranty, if gin 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 warra nty may also be excluded or modified by course of dealing, course of
performance oVr 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.

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