Conspicuous Warranty Disclaimer In Delaware

The Delaware Code specifies that disclaimed warranties must be "conspicuous". "Conspicuous" is defined at 6 Del. C. 1-201(10) as follows: "Conspicuous": a term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. a printed heading in capitals (as: NON-NEGOTIABLE BILL OF LADING) is conspicuous. Language in the body of a form is "conspicuous" if it is in larger or other contrasting type or color. But in a telegram any stated term is "conspicuous". Whether a term or clause is "conspicuous" or not is for decision by the court.