47-2317. Cumulation and conflict of warranties
express or implied


Warranties whether express or implied shall be construed as consistent with each
other and as cumulative, but if such construction is unreasonable the intention of the
parties shall determine which warranty is dominant. In ascertaining that intention the
following rules apply:


1. Exact or technical specifications displace an inconsistent sample or model or
general language of description.


2. A sample from an existing bulk displaces inconsistent general language of
description.


3. Express warranties displace inconsistent implied warranties other than an
implied warranty of fitness for a particular purpose.