N.C.P.I.—Civil 741.27

The (state number) issue reads:

"Did the defendant exclude the implied warranty of fitness for a

particular purpose from the sale of the (name good) to the plaintiff?"

You will answer this issue only if you have answered the (state

number) issue "Yes" in favor of the plaintiff.

On this issue the burden of proof is on the defendant. This means

that the defendant must prove, by the greater weight of the evidence,

that the defendant excluded the implied warranty of fitness for a

particular purpose from the sale of the (name good) to the plaintiff.

A seller excludes1 the implied warranty of fitness for a particular

purpose by

[stating that the (name good) is being sold "as is" or "with all

faults" or similar words]2

[calling to the buyer's attention that warranties are being excluded

and making plain to the buyer that there is no implied warranty of fitness

for a particular purpose]3

[making a written disclaimer4 of the implied warranty of fitness for

a particular purpose. (A written disclaimer is sufficient if it states, for

example, that "there are no warranties that extend beyond the face

hereof.")]5

Finally, as to this (state number) issue on which the defendant has

the burden of proof, if you find by the greater weight of the evidence that

the defendant excluded the implied warranty of fitness for a particular

purpose in the sale of the (name good) to the plaintiff, then it would be

your duty to answer this issue "Yes" in favor of the defendant.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the plaintiff.