Del. P.J.I. Civ. § 9.20

EXCLUSION OF IMPLIED WARRANTIES – “AS IS”

A seller such as [seller’s name] may generally prevent the creation of an

implied warranty by making clear to the buyer that the goods are sold “as is” or “with

all faults,” or by other language that by common understanding calls the buyer’s

attention to the exclusion of warranties and makes plain that there is no implied

warranty.

If the buyer, before entering into the contract or accepting or purchasing the

goods, has examined the goods fully, or has refused to examine the goods upon the

seller’s demand, there is no implied warranty for defects that an examination should

have revealed.

An implied warranty can also be excluded or modified by course of dealing or

course of performance or usage of trade.

Implied warranties are not disclaimed where circumstances indicate otherwise.

If the seller’s words or conduct are ambiguous or conflict with an attempted

exclusion of warranties, then the attempted exclusion is not effective.

You must decide whether the implied warranty claimed by [plaintiff’s name]

has been excluded in any manner by [defendant’s name].