3221. Affirmative Defense Disclaimer of Implied Warranties

3221. Affirmative Defense--Disclaimer of Implied Warranties Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that it did not breach any implied warranties because the [consumer good] was sold on an "as is" or "with all faults" basis. To succeed, [name of defendant] must prove both of the following: 1. 2. That at the time of sale a clearly visible written notice was attached to the [consumer good]; and That the written notice, in clear and simple language, told the buyer each of the following: a. b. c. That the [consumer good] was being sold on an "as is" or "with all faults" basis; That the buyer accepted the entire risk of the quality and performance of the [consumer good]; and That if the [consumer good] were defective, the buyer would be responsible for the cost of all necessary servicing or repair. ________________________________________________________________________________ New September 2003; Revised June 2010