Haw. Civil Jury Instr. 13.7

No exclusion or limitation of an express warranty is

effective if it is based upon an unreasonable interpretation of

the party’s/parties’ words or conduct.

The following general rules apply to the exclusion or

limitation of warranties:

1. To exclude or limit the implied warranty of

merchantability, the language must mention “merchantability,”

and, if in writing, it must be conspicuous. “Conspicuous” means

that a written disclaimer or limitation must be in a larger

print or typeface so as to stand out from the other portions of

the document in which it is contained.

2. To exclude or limit any warranty of fitness (either

express or implied), the language must be both in writing and

conspicuous.

3. All implied warranties of fitness can be excluded by a

single disclaimer that complies with all of the applicable

rules.

The following special rules apply to the exclusion or

limitation of warranties:

1 This instruction may not apply or may require modification in

personal injury cases.

1. Unless the circumstances indicate otherwise, all

implied warranties are excluded by expressions like “as is,”

“with all faults” or other language which in common

understanding calls the buyer’s(s’)/lessee’s(s’) attention to

the exclusion of warranties and makes it plain that there is no

implied warranty.

2. When buyer(s)/lessee(s), before entering into the

contract or lease, has/have examined the product as fully as

he/she/they desired—or has/have refused to examine the product—

there is no implied warranty with regard to defects which a

reasonable examination should, in the circumstances, have

revealed.

3. An implied warranty can also be excluded or limited by

course of dealing or course of performance or usage of trade.

If they are in conflict, the special rules take priority

over the general rules.