Exclusion, modification, cumulation, and conflict of warranties on cars and trucks Lawyer Manual

Exclusion or modification of warranties

Express warranties

A seller cannot successfully exclude or modify an express warranty by words or conduct which cannot be reasonably construed consistently with the words or conduct relevant to the creation of the express warranty.

Implied warranties/ "as is" sales

All implied warranties are excluded by expressions like "as is," "with all faults," or another language, which calls the buyer's attention to the exclusion of warranties unless circumstances indicate otherwise.  

Note: An "as is" warranty disclaimer does not shield the seller from non-UCC fraud claims. Also, when you see an "as is" disclaimer, consider whether there were any express warranties.

No implied warranties for obvious defects

There are no implied warranties about defects which an examination before entering the contract ought to have revealed if the buyer has examined the goods as fully as desired or has refused to examine them.

Cumulation and conflict of warranties

The general rule is that warranties, whether express or implied, shall be construed as consistent with each other and as cumulative. If that construction is unreasonable, the intention of the parties determines which warranty is dominant. An express warranty (e.g., "I will replace defective parts") is superior to an inconsistent warranty of merchantability. An implied warranty of fitness is superior to an inconsistent express warranty.

Third party beneficiaries of warranties 

Any of the above warranties, express or implied, extends to all family and household members of the buyer as well as to guests in his/her home if it is reasonable to expect that the family or household member or guest might use or be affected by the vehicle and who suffers harm by breach of the warranty. 

Defenses to a breach of warranty 

Defenses include buyer's negligence, an assumption of risk, misuse of the product, non-compliance with conditions to warranty coverage, expiration of express warranty period, and the statute of limitations (4 years after the cause of action accrues).