(1) Except with respect to sale of a consumer good by means of a mail-order catalog, on sale of a consumer good on an “as is” or “with all faults” basis effective disclaimer of the implied warranty of merchantability or the implied warranty of fitness requires that a conspicuous writing attached to the consumer good clearly informs the buyer before sale in simple and concise language that:
(a) The good is being sold on an “as is” or “with all faults” basis;
(b) The entire risk as to the quality and performance of the good is with the buyer; and
(c) If the good proves defective after purchase, the buyer and not the manufacturer, distributor or retailer assumes the entire cost of all necessary servicing or repair.
(2) On sale of a consumer good by means of a mail-order catalog effective disclaimer of the implied warranty of merchantability or the implied warranty of fitness requires that the catalog offering the good contain, with respect to each item or good so offered, the conspicuous writing and information otherwise prescribed by subsection (1) of this section.
(3) A buyer of a consumer good on an “as is” or “with all faults” basis under effective disclaimer of the implied warranty of merchantability or the implied warranty of fitness waives the implied warranty so effectively disclaimed. [1973 c.413 §6]
Note: See note under 72.8010.
Section: Previous 72.7230 72.7240 72.7250 72.8010 72.8020 72.8030 72.8040 72.8050 72.8060 72.8070 72.8090 72.8100 72.8110 72.8120 72.8130 NextLast modified: August 7, 2008