UJI 13-1433 NMRA
UJI 13-1433. Exclusion of implied warranties.
[Implied warranties do not exist if the seller has excluded them by understandable
language which would alert the reasonably prudent buyer that warranties are excluded.
Thus, if, in discussing the [goods] [products], the seller tells the buyer that the [goods]
[products] are being sold “as is” or “with all faults,” there is no implied warranty.]
[A supplier may exclude the implied warranty of merchantability, or any particular
element of that warranty, by using understandable language which mentions
merchantability.]
[General language is sufficient to exclude the implied warranty of fitness for
particular purpose. For example, the warranty is excluded by a conspicuous statement
that: “There are no warranties which extend beyond the description on the face of the
document”.]
[If a buyer of [goods] [products] is given an opportunity to examine the [goods]
[products] before agreeing to buy and refuses to examine the [goods] [products], or if
the buyer conducts an examination, there is no implied warranty with respect to defects
which a reasonable examination should have revealed.]