Ohio Code § 1310.21

Ohio Code § 1310.21. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1310.21.

(A) Words or conduct relevant to the creation of an express warranty and words or conduct

tending to negate or limit a warranty shall be construed wherever reasonable as consistent

with each other, but, subject to the provisions of section 1310.09 of the Revised Code on parol or extrinsic evidence, negation or limitation is inoperative to the extent

that the 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 shall mention “merchantability,”

be by a writing, and be conspicuous.  Subject to division (C) of this section, to exclude or modify any implied warranty

of fitness, the exclusion shall 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.” (C) Notwithstanding division (B) of this section, but subject to division (D) of this

section, all of the following apply: (1) 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. (2) 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 in the circumstances

should have revealed. (3) An implied warranty also may be excluded or modified by course of dealing, course

of performance or usage of trade. (D) To exclude or modify a warranty against interference or against infringement as provided

in section 1310.18 of the Revised Code , or any part of it, the language shall 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.

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

At a glance

  • Citation: Ohio Revised Code § 1310.21
  • 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 § 1310.21 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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