12A:2-317 - Cumulation and conflict of warranties express or implied
12A:2-317.Ā Cumulation and conflict of warranties express or implied
Warranties whether express or implied shall be construed as consistent withĀ each other and as cumulative, but if such construction is unreasonable theĀ intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general languageĀ of description.
(c) Express warranties displace inconsistent implied warranties other thanĀ an implied warranty of fitness for a particular purpose.
L.1961, c. 120, s. 2-317.
Ā
Warranties whether express or implied shall be construed as consistent withĀ each other and as cumulative, but if such construction is unreasonable theĀ intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general languageĀ of description.
(c) Express warranties displace inconsistent implied warranties other thanĀ an implied warranty of fitness for a particular purpose.
L.1961, c. 120, s. 2-317.
Ā