Legislation
SECTION 2-A-215
Cumulation and Conflict of Warranties Express or Implied
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2-A, PART 2
Section 2-A-215. Cumulation and Conflict of Warranties Express or
Implied.
Warranties, whether express or implied, must be construed as
consistent with each other and as cumulative, but if that construction
is unreasonable, the intention of the parties determines 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.
Implied.
Warranties, whether express or implied, must be construed as
consistent with each other and as cumulative, but if that construction
is unreasonable, the intention of the parties determines 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.