Nevada § 104.2316 - Exclusion or modification of warranties

§ 104.2316. 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 warranty shall be construed wherever reasonable as consistent

with each other; but subject to the provisions of this Article on parol or extrinsic

evidence ( NRS 104.2202 ) negation or limitation is inoperative to the extent that such 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 and in case of a writing

must be conspicuous, and to exclude or modify any implied warranty of fitness the

exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states,

for example, that “There are no warranties which extend beyond the description on

the face hereof.” 3. Notwithstanding subsection 2: (a) 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 attention to the exclusion of warranties and makes plain that there

is no implied warranty; and (b) When the buyer before entering into the contract has examined the goods or the

sample or model as fully as the buyer desired or has refused to examine the goods

there is no implied warranty with regard to defects which an examination ought in

the circumstances to have revealed to the buyer; and (c) An implied warranty can also be excluded or modified by course of dealing or course

of performance or usage of trade. 4. Remedies for breach of warranty can be limited in accordance with the provisions

of this Article on liquidation or limitation of damages and on contractual modification

of remedy ( NRS 104.2718 and 104.2719 ).