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 a warranty must be construed wherever reasonable as
consistent with each other; but, subject to the provisions of section
28-12-202 on parol or extrinsic evidence, negation or limitation is
inoperative to the extent that the construction is unreasonable.
(2) Subject to the provisions of 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 the provisions of 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 the provisions of subsection (2) of this section, but
subject to the provisions of 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 (section 28-12-211) 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.

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