Idaho State Statutes - Idaho Attorney Directory

(1) Words or conduct
relevant to the creation of an express warranty and words or conduct tending
to negate or limit warranty shall be construed wherever reasonable as
consistent with each other; but subject to the provisions of this chapter on
parol or extrinsic evidence (section 28-2-202) negation or limitation is
inoperative to the extent that such 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
and in case of a writing must be conspicuous, and to exclude or modify any
implied warranty of fitness the exclusion must be by a writing and
conspicuous. Language to exclude all implied warranties of fitness is
sufficient if it states, for example, that "There are no warranties which
extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2)
(a) unless the circumstances indicate otherwise, all implied warranties
are excluded by expressions like "as is," "with all faults" or other
language which in common understanding calls the buyer's attention to the
exclusion of warranties and makes plain that there is no implied warranty;
and
(b) when the buyer before entering into the contract has examined the
goods or the sample or model as fully as he desired or has refused to
examine the goods there is no implied warranty with regard to defects
which an examination ought in the circumstances to have revealed to him;
and
(c) an implied warranty can also be excluded or modified by course of
dealing or course of performance or usage of trade.
(4) Remedies for breach of warranty can be limited in accordance with the
provisions of this chapter on liquidation or limitation of damages and on
contractual modification of remedy (sections 28-2-718 and 28-2-719).

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