2006 New York Code - Exclusion Or Modification Of Warranties.

 
  Section 2--316. 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.
    (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).