Ohio Code § 1302.29

Ohio Code § 1302.29. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1302.29.

(A) 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 section 1302.05 of the Revised Code on parol or extrinsic evidence, negation or limitation is inoperative to the extent

that such construction is unreasonable. (B) Subject to division (C) of this section, 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.” (C) Notwithstanding division (B) of this section: (1) 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 (2) 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 (3) an implied warranty can also be excluded or modified by course of dealing or course

of performance or usage of trade;  and (4) with respect to the sale of livestock between merchants, except sales of livestock

for immediate slaughter, both of the following apply: (a) There is no implied warranty that the animal is free from disease. (b) There is an implied warranty that the seller has no knowledge or reason to know that

the animal is not free from disease at the time of sale and that he has complied with

all state and federal health rules applicable to the animal. (D) Remedies for breach of warranty can be limited in accordance with the provisions

of sections 1302.92 and 1302.93 of the Revised Code on liquidation or limitation of damages and on contractual modification of remedy.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1302.29
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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What subject does Ohio Revised Code § 1302.29 address?

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Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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