{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-214.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-214.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-214.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-214.html"}],"law_id":86933,"edition_id":1,"section_id":86933,"structure_id":12737,"section_number":"8.2A-214","catch_line":"Exclusion or modification of warranties","history":"1991, c. 536.","full_text":"1\n\nWords 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 § 8.2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.2\n\nSubject to subsection (3) of this section, 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) in this section, 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\n\nNotwithstanding subsection (2) of this section, but subject to subsection (4) of this section,a\n\nunless 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\n\nif 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; andc\n\nan implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.4\n\nTo exclude or modify a warranty against interference or against infringement (§ 8.2A-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.","order_by":null,"text":{"0":{"id":311249,"text":"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 § 8.2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":311250,"text":"Subject to subsection (3) of this section, 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) in this section, 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.”","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":311251,"text":"Notwithstanding subsection (2) of this section, but subject to subsection (4) of this section,","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"3a"},"3":{"id":311252,"text":"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;","type":"section","prefixes":["3","a"],"prefix":"a","entire_prefix":"3a","prefix_anchor":"3a","level":2,"prior_prefix":"3","next_prefix":"3b"},"4":{"id":311253,"text":"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","type":"section","prefixes":["3","b"],"prefix":"b","entire_prefix":"3b","prefix_anchor":"3b","level":2,"prior_prefix":"3a","next_prefix":"3c"},"5":{"id":311254,"text":"an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.","type":"section","prefixes":["3","c"],"prefix":"c","entire_prefix":"3c","prefix_anchor":"3c","level":2,"prior_prefix":"3b","next_prefix":"4"},"6":{"id":311255,"text":"To exclude or modify a warranty against interference or against infringement (§ 8.2A-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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3c"}},"ancestry":[{"id":12737,"edition_id":1,"name":"Formation and Construction of Lease Contract","identifier":"2","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282407,"object_type":"structure","relational_id":12737,"identifier":"2","token":"8.2A\/2","url":"\/8.2A\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71755,"structure_id":12737,"section_number":"8.2A-201","catch_line":"Statute of frauds","url":"\/8.2A-201\/","token":"8.2A\/2\/8.2A-201","metadata":false},{"id":57011,"structure_id":12737,"section_number":"8.2A-202","catch_line":"Final expression: parol or extrinsic evidence","url":"\/8.2A-202\/","token":"8.2A\/2\/8.2A-202","metadata":false},{"id":84673,"structure_id":12737,"section_number":"8.2A-203","catch_line":"Seals inoperative","url":"\/8.2A-203\/","token":"8.2A\/2\/8.2A-203","metadata":false},{"id":53946,"structure_id":12737,"section_number":"8.2A-204","catch_line":"Formation in general","url":"\/8.2A-204\/","token":"8.2A\/2\/8.2A-204","metadata":false},{"id":81740,"structure_id":12737,"section_number":"8.2A-205","catch_line":"Firm offers","url":"\/8.2A-205\/","token":"8.2A\/2\/8.2A-205","metadata":false},{"id":84135,"structure_id":12737,"section_number":"8.2A-206","catch_line":"Offer and acceptance in formation of lease contract","url":"\/8.2A-206\/","token":"8.2A\/2\/8.2A-206","metadata":false},{"id":77350,"structure_id":12737,"section_number":"8.2A-207","catch_line":"Repealed","url":"\/8.2A-207\/","token":"8.2A\/2\/8.2A-207","metadata":false},{"id":58420,"structure_id":12737,"section_number":"8.2A-208","catch_line":"Modification, rescission, and waiver","url":"\/8.2A-208\/","token":"8.2A\/2\/8.2A-208","metadata":false},{"id":68509,"structure_id":12737,"section_number":"8.2A-209","catch_line":"Lessee under finance lease as beneficiary of supply contract","url":"\/8.2A-209\/","token":"8.2A\/2\/8.2A-209","metadata":false},{"id":87434,"structure_id":12737,"section_number":"8.2A-210","catch_line":"Express warranties","url":"\/8.2A-210\/","token":"8.2A\/2\/8.2A-210","metadata":false},{"id":63414,"structure_id":12737,"section_number":"8.2A-211","catch_line":"Warranties against interference and against infringement; lessee's obligation against infringement","url":"\/8.2A-211\/","token":"8.2A\/2\/8.2A-211","metadata":false},{"id":59329,"structure_id":12737,"section_number":"8.2A-212","catch_line":"Implied warranty of merchantability","url":"\/8.2A-212\/","token":"8.2A\/2\/8.2A-212","metadata":false},{"id":56702,"structure_id":12737,"section_number":"8.2A-213","catch_line":"Implied warranty of fitness for particular purpose","url":"\/8.2A-213\/","token":"8.2A\/2\/8.2A-213","metadata":false},{"id":86933,"structure_id":12737,"section_number":"8.2A-214","catch_line":"Exclusion or modification of warranties","url":"\/8.2A-214\/","token":"8.2A\/2\/8.2A-214","metadata":false},{"id":76581,"structure_id":12737,"section_number":"8.2A-215","catch_line":"Cumulation and conflict of warranties express or implied","url":"\/8.2A-215\/","token":"8.2A\/2\/8.2A-215","metadata":false},{"id":60702,"structure_id":12737,"section_number":"8.2A-216","catch_line":"Third-party beneficiaries of express and implied warranties","url":"\/8.2A-216\/","token":"8.2A\/2\/8.2A-216","metadata":false},{"id":86152,"structure_id":12737,"section_number":"8.2A-217","catch_line":"Identification","url":"\/8.2A-217\/","token":"8.2A\/2\/8.2A-217","metadata":false},{"id":83259,"structure_id":12737,"section_number":"8.2A-218","catch_line":"Insurance and proceeds","url":"\/8.2A-218\/","token":"8.2A\/2\/8.2A-218","metadata":false},{"id":55940,"structure_id":12737,"section_number":"8.2A-219","catch_line":"Risk of loss","url":"\/8.2A-219\/","token":"8.2A\/2\/8.2A-219","metadata":false},{"id":65496,"structure_id":12737,"section_number":"8.2A-220","catch_line":"Effect of default on risk of loss","url":"\/8.2A-220\/","token":"8.2A\/2\/8.2A-220","metadata":false},{"id":80194,"structure_id":12737,"section_number":"8.2A-221","catch_line":"Casualty to identified goods","url":"\/8.2A-221\/","token":"8.2A\/2\/8.2A-221","metadata":false}],"previous_section":{"id":56702,"structure_id":12737,"section_number":"8.2A-213","catch_line":"Implied warranty of fitness for particular purpose","url":"\/8.2A-213\/","token":"8.2A\/2\/8.2A-213","metadata":false},"next_section":{"id":76581,"structure_id":12737,"section_number":"8.2A-215","catch_line":"Cumulation and conflict of warranties express or implied","url":"\/8.2A-215\/","token":"8.2A\/2\/8.2A-215","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-214\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":57011,"section_number":"8.2A-202","catch_line":"Final expression: parol or extrinsic evidence","order_by":null,"url":"\/8.2A-202\/"},{"id":63414,"section_number":"8.2A-211","catch_line":"Warranties against interference and against infringement; lessee's obligation against infringement","order_by":null,"url":"\/8.2A-211\/"}],"permalink":{"id":282461,"object_type":"law","relational_id":86933,"identifier":"8.2A-214","token":"8.2A\/2\/8.2A-214","url":"\/8.2A-214\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-214\/","token":"8.2A\/2\/8.2A-214","dublin_core":{"Title":"Exclusion or modification of warranties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-214","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> 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 § 8.2A-202<\/a> on parol or extrinsic evidence<\/span>, negation or limitation is inoperative to the extent that the construction is unreasonable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Subject to subsection (3) of this section, 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) in this section, 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.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Notwithstanding subsection (2) of this section, but subject to subsection (4) of this section, <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> if the lessee before entering into the lease contract<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To exclude or modify a warranty against interference or against infringement (§ 8.2A-211<\/a>) 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCLUSION OR MODIFICATION OF WARRANTIES (\u00a7 8.2A-214)\n\n1. Words or conduct relevant to the creation of an express warranty and words or\nconduct tending to negate or limit a warranty must be construed wherever\nreasonable as consistent with each other; but, subject to the provisions of\n§ 8.2A-202 on parol or extrinsic evidence, negation or limitation is\ninoperative to the extent that the construction is unreasonable.\n\n2. Subject to subsection (3) of this section, to exclude or modify the implied\nwarranty of merchantability or any part of it the language must mention\n“merchantability,” be by a writing, and be conspicuous. Subject to\nsubsection (3) in this section, to exclude or modify any implied warranty of\nfitness the exclusion must be by a writing and be conspicuous. Language to\nexclude all implied warranties of fitness is sufficient if it is in writing, is\nconspicuous and states, for example, “There is no warranty that the goods\nwill be fit for a particular purpose.”\n\n3. Notwithstanding subsection (2) of this section, but subject to subsection (4)\nof this section,\n\n a. unless the circumstances indicate otherwise, all implied warranties are\n excluded by expressions like “as is,” or “with all\n faults,” or by other language that in common understanding calls the\n lessee’s attention to the exclusion of warranties and makes plain that\n there is no implied warranty, if in writing and conspicuous;\n\n b. if the lessee before entering into the lease contract has examined the\n goods or the sample or model as fully as desired or has refused to examine the\n goods, there is no implied warranty with regard to defects that an examination\n ought in the circumstances to have revealed; and\n\n c. an implied warranty may also be excluded or modified by course of dealing,\n course of performance, or usage of trade.\n\n4. To exclude or modify a warranty against interference or against infringement\n(§ 8.2A-211) or any part of it, the language must be specific, be by a\nwriting, and be conspicuous, unless the circumstances, including course of\nperformance, course of dealing, or usage of trade, give the lessee reason to\nknow that the goods are being leased subject to a claim or interest of any\nperson.\n\nHISTORY: 1991, c. 536.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}