Sec. 42a-2-317. Cumulation and conflict of warranties express or implied.
Sec. 42a-2-317. 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: (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 language of description. (c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
(1959, P.A. 133, S. 2-317.)
Cited. 184 C. 10; Id., 607.
Cited. 33 CA 575.
Cited. 32 CS 69.