47-2312. Warranty of title and against
infringement; buyer's obligation against infringement
A. Subject to subsection B there is in a contract for sale a warranty by the seller
that:
1. The title conveyed shall be good, and its transfer rightful; and
2. The goods shall be delivered free from any security interest or other lien or
encumbrance of which the buyer at the time of contracting has no knowledge.
B. A warranty under subsection A will be excluded or modified only by specific
language or by circumstances which give the buyer reason to know that the person selling
does not claim title in himself or that he is purporting to sell only such right or title
as he or a third person may have.
C. Unless otherwise agreed a seller who is a merchant regularly dealing in goods of
the kind warrants that the goods shall be delivered free of the rightful claim of any
third person by way of infringement or the like but a buyer who furnishes specifications
to the seller must hold the seller harmless against any such claim which arises out of
compliance with the specifications.
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