                                 CODE OF VIRGINIA

EXCLUSION OR MODIFICATION OF WARRANTIES (§ 8.2A-214)

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
&#xA7; 8.2A-202 on parol or extrinsic evidence, negation or limitation is
inoperative to the extent that the construction is unreasonable.

2. 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
&#8220;merchantability,&#8221; 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, &#8220;There is no warranty that the goods
will be fit for a particular purpose.&#8221;

3. Notwithstanding subsection (2) of this section, but subject to subsection (4)
of this section,

   a. unless the circumstances indicate otherwise, all implied warranties are
   excluded by expressions like &#8220;as is,&#8221; or &#8220;with all
   faults,&#8221; or by other language that in common understanding calls the
   lessee&#8217;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
(&#xA7; 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.

HISTORY: 1991, c. 536.