Vermont § 214 - § 2A—214.
Full text of Vermont Vermont Statutes Online § 214 — § 2A—214., with citation guidance and answers to common questions.
§ 214. § 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 section 2A—202 of this title on parol or extrinsic evidence, negation or limitation is inoperative to the extent
that the construction is unreasonable. (2) Subject to subsection (3) of this section, 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) of this section, 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) of this section, but subject to subsection (4) of this
section, (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 (§ 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. (5) The provisions of subdivisions (2), (3) and (4) of this section shall not apply to
leases of new or unused consumer goods or services. Any language, oral or written,
used by a lessor or manufacturer of consumer goods and services, which attempts to
exclude or modify any implied warranties of merchantability and fitness for a particular
purpose or to exclude or modify the consumer’s remedies for breach of those warranties,
shall be unenforceable. For the purposes of this section, “consumer” means consumer
as defined in 9 V.S.A. chapter 63. (Added 1993, No. 158 (Adj. Sess.), § 10, eff. Jan. 1, 1995.)
Frequently Asked Questions About Vermont § 214
What does Vermont Statutes Online § 214 cover?
Section 214 ("§ 2A—214.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 214?
A common citation format is "Vermont Statutes Online § 214" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 214 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.