New Jersey § 12a:2a-214

§ 12a:2a-214.

(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 12A: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 (12A: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.