S.B. 147

VETOES

EXCLUDE ALL IMPLIED WARRANTIES OF FITNESS IS SUFFICIENT IF IT IS IN WRITING,
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 (§ 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.

2A-214.1. LIMITATION OF EXCLUSION OR MODIFICATION OF WARRANTIES TO
CONSUMERS

(1)      THE PROVISIONS OF § 2A-214 DO NOT APPLY TO LEASES OF CONSUMER
GOODS, AS DEFINED BY § 9-109, SERVICES, OR BOTH.

(2)      ANY ORAL OR WRITTEN LANGUAGE USED BY A LESSOR OF CONSUMER
GOODS AND SERVICES, WHICH ATTEMPTS TO EXCLUDE OR MODIFY ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
TO EXCLUDE OR MODIFY THE CONSUMER'S REMEDIES FOR BREACH OF THOSE
WARRANTIES, IS UNENFORCEABLE. HOWEVER, THE LESSOR MAY RECOVER FROM
THE MANUFACTURER ANY DAMAGES RESULTING FROM BREACH OF THE IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(3)      ANY ORAL OR WRITTEN LANGUAGE USED BY A MANUFACTURER OF
CONSUMER GOODS, WHICH ATTEMPTS TO LIMIT OR MODIFY A CONSUMER'S
REMEDIES FOR BREACH OF THE MANUFACTURER'S EXPRESS WARRANTIES, IS
UNENFORCEABLE, UNLESS THE MANUFACTURER PROVIDES REASONABLE AND
EXPEDITIOUS MEANS OF PERFORMING THE WARRANTY OBLIGATIONS.

(4)      (A) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A MOTOR
VEHICLE:

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