32.25 [1981 New] Affirmative Defenses-Warranty-Exclusion of Implied Warranty Under UCC

Instruction No 1 32.25 [1981 New] Affirmative Defenses--Warranty--Exclusion of Implied Warranty Under UCC Your verdict must be for defendant if you believe [either]: (insert one or more of the following ) defendant [here set out or describe the statement or writing relied on by defendant to exclude the warranty], or defendant sold (describe the article or product ) "as is", or the warranty was excluded by the course of dealings defendant, or 4 between plaintiff and [plaintiff examined and accepted the goods] [plaintiff refused to examine the goods] and the failure of the goods to conform was the type of defect which an examination by plaintiff ought to have revealed.