2006 New York Code - Exclusion Or Modification Of Warranties.

 
  Section 2-A-214. 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  a  warranty  must  be
  construed  wherever  reasonable  as  consistent  with  each  other; but,
  subject to the provisions of  Section  2-A-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  2-A-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.