KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

84-2a-214. Exclusion or modification of warranties. (1) 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 K.S.A. 84-2a-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.

(2) Subject to subsection (3), 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 subsection (3), 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."

(3) Notwithstanding subsection (2), but subject to subsection (4):

(a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," or "with all faults," or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;

(b) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and

(c) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.

(4) To exclude or modify a warranty against interference or against infringement (K.S.A. 84-2a-211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.

History: L. 1991, ch. 295, ยง 23; February 1, 1992.

KANSAS COMMENT, 1996

1. Subsection (1) deals with attempted disclaimers of express warranties. This subsection is essentially identical to section 84-2-316(1). See 1996 Kansas Comment 1 to 84-2-316 for further discussion.

2. Subsections (2) and (3) state the requirements for disclaimer of the implied warranties of merchantability and fitness for a particular purpose. The section makes several changes to the statutory analogues, section 84-2-316(2) and (3). See 1996 Kansas Comments 2-6 to 84-2-316. First, any disclaimer of the implied warranty of merchantability must be in writing (as well as mentioning merchantability and being conspicuous). An oral disclaimer is not effective. For discussion of when a disclaimer is conspicuous, see 1996 Kansas Comment 2 to 84-2-316. Second, although the requirements for disclaimer of the implied warranty of fitness are unchanged (that the disclaimer be in writing and conspicuous), the statutory example is changed to "promote a better understanding of the effect of the disclaimer." See Official Comments to this section. Third, subsection (3) requires that any disclaimer by "as is" language or the like be in writing and conspicuous. The proper interpretation of Article 2 on this point is unclear. See 1996 Kansas Comment 4 to 84-2-316.

3. Subsection (4) contains the requirements for disclaimer of the warranty against interference and the warranty against infringement. Compare 84-2-312(2). This subsection, unlike its Article 2 analogue, requires that the disclaimer be in writing and conspicuous, as well as by specific language, unless the circumstances give the lessee reason to know of another's claim or interest. See 1996 Kansas Comment 2 to 84-2-312.

4. The Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq., applies to consumer leases, K.S.A. 50-624(c), and invalidates any attempted disclaimer of implied warranties. See K.S.A. 50-639(a) & (e); see also 1996 Kansas Comment 8 to 84-2-316.


 | Next

CURRENT SESSION
  A Summary of Special Sessions in Kansas
  Bill Brief for Senate Bill No. 1
  Bill Brief for House Bill No. 2001

LEGISLATIVE COORDINATING COUNCIL
  7/09/2024 Meeting Notice Agenda
  6/03/2024 Meeting Notice Agenda
  LCC Policies

REVISOR OF STATUTES
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2023 Amended & Repealed Statutes
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

USEFUL LINKS
Session Laws

OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department