Conspicuous Provisions

"In the UCC as adopted, ""conspicuous"", with reference to a term, means so written, displayed, or presented that, based on the totality of the circumstances, a reasonable person against which it is to operate ought to have noticed it. Whether a term is ""conspicuous"" or not is a decision for the court. NEB. REV. STAT. § 2A-208

To exclude or modify the implied warranty of merchantability or any part of it the language must mention ""merchantability"", be by a writing, and be conspicuous. To exclude or modify any implied warranty of fitness the exclusion must 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"". NEB. REV. STAT. § 2A-214

In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous. NEB. REV. STAT. § 2A-214"

The Nebraska Uniform Commercial Code defines “conspicuous” as, “with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it.” NEB. REV. STAT. § 1-201(10) (Reissue 1997). For example, a printed heading in capitals of equal or greater size than the accompanying text or in contrasting font, type or color accompanying text is “conspicuous.” Id. However, ultimately whether a term or clause is conspicuous or not is a question for a court of competent jurisdiction. Id.