CJI-Civ. 14:16

An implied warranty is one created by operation of law and is not dependent upon

the intent of the (manufacturer) (wholesaler) (retailer).

An implied warranty of (merchantability) (or) (fitness) may, however, be excluded

or modified.

(1. Any implied warranty is excluded by a [manufacturer] [wholesaler] [retailer] if

the [manufacturer] [wholesaler] [retailer] used expressions like “as is,” or “with all faults,”

or used other language that in common understanding would call the buyer’s attention to

the exclusion of warranty and make it clear there was no implied warranty.)

(2. Any implied warranty may be excluded or modified by a [course of dealing] [or]

[course of performance] [or] [usage of the trade].)

(3. Any implied warranty is excluded as to defects that a reasonable examination

would have revealed to the buyer under the circumstances if, before entering into the

contract, the buyer examined the goods [or a sample or model of the goods] as fully as the

buyer desired or if, upon demand of the seller, the buyer refused to make such an

examination when the buyer had a reasonable opportunity to do so.)

(4. [Unless an implied warranty of merchantability has been excluded or modified in

(the manner just described) (one or more of the ways just described), to] [To] exclude or

modify an implied warranty of merchantability or any part of it, the language must,

whether spoken or in writing, mention merchantability.)

(5. [Unless an implied warranty of fitness has been excluded or modified in (the

manner just described) (one or more of the ways just described), to] [To] exclude or modify

an implied warranty of fitness, the exclusion must be by a writing. Language to exclude all

implied warranties of fitness is sufficient if it states, for example, that, “There are no

warranties that extend beyond the description on the face hereof.”)