Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

12.01.110 Exclusion or Modification of Warranties

(a) Subject to subsection (c), to exclude or modify the implied warranty of merchantability or any part of it, the language must mention the word merchantability, and in the case of a writing must be conspicuous.

(b) Subject to subsection (c), to exclude or modify an implied warranty of fitness for a particular purpose, the exclusion must be in writing and conspicuous.

(c) Notwithstanding subsections (a) and (b), unless the circumstances indicate otherwise, all implied warranties are excluded by expressions such as "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. 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.

Original url: /us/nsn/tmchippewa/council/code/12.01.110

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