State Codes and Statutes

Statutes > Missouri > T26 > C400 > 400_2A-215

Cumulation and conflict of warranties express or implied.

400.2A-215. Warranties, whether express or implied, must beconstrued as consistent with each other and as cumulative, but ifthat construction is unreasonable, the intention of the partiesdetermines which warranty is dominant. In ascertaining thatintention the following rules apply:

(a) Exact or technical specifications displace aninconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistentgeneral language of description.

(c) Express warranties displace inconsistent impliedwarranties other than an implied warranty of fitness for aparticular purpose.

(L. 1992 S.B. 448)

State Codes and Statutes

Statutes > Missouri > T26 > C400 > 400_2A-215

Cumulation and conflict of warranties express or implied.

400.2A-215. Warranties, whether express or implied, must beconstrued as consistent with each other and as cumulative, but ifthat construction is unreasonable, the intention of the partiesdetermines which warranty is dominant. In ascertaining thatintention the following rules apply:

(a) Exact or technical specifications displace aninconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistentgeneral language of description.

(c) Express warranties displace inconsistent impliedwarranties other than an implied warranty of fitness for aparticular purpose.

(L. 1992 S.B. 448)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T26 > C400 > 400_2A-215

Cumulation and conflict of warranties express or implied.

400.2A-215. Warranties, whether express or implied, must beconstrued as consistent with each other and as cumulative, but ifthat construction is unreasonable, the intention of the partiesdetermines which warranty is dominant. In ascertaining thatintention the following rules apply:

(a) Exact or technical specifications displace aninconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistentgeneral language of description.

(c) Express warranties displace inconsistent impliedwarranties other than an implied warranty of fitness for aparticular purpose.

(L. 1992 S.B. 448)