California Commercial Code

§ 10214

COM § 10214 Effective Jul 15, 1991Div. 10 · Ch. 2

Statute text

(a)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 10202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.

(b)Subject to subdivision (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 subdivision (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)Notwithstanding subdivision (b), but subject to subdivision (d),

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Legislative history

Amended by Stats. 1991, Ch. 111, Sec. 17. Effective July 15, 1991.