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)
Verify the text
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
What is the source of Ohio Revised Code § 1310.21?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 1310.21 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 1310.21 still in force?
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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