2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 2A2 - Formation and Construction of Lease Contract
2A214 - Exclusion or modification of warranties.

     § 2A214.  Exclusion or modification of warranties.
        (a)  Construction of words or conduct creating or limiting
     warranties.--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 2A202
     (relating to final written expression: parol or extrinsic
     evidence), negation or limitation is inoperative to the extent
     that the construction is unreasonable.
        (b)  Implied warranties of merchantability and fitness;
     specific language.--Subject to subsection (c), 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 (c), 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."
        (c)  Implied warranties of merchantability and fitness;
     alternative methods.--Notwithstanding subsection (b), but
     subject to subsection (d):
            (1)  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;
            (2)  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
            (3)  an implied warranty may also be excluded or modified
        by course of dealing, course of performance or usage of
        trade.
        (d)  Warranties against interference and infringement.--To
     exclude or modify a warranty against interference or against
     infringement (section 2A211) 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.