Section 440.2317 - Warranties; cumulation and conflict.

UNIFORM COMMERCIAL CODE (EXCERPT)
Act 174 of 1962

440.2317 Warranties; cumulation and conflict.

Sec. 2317.

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.


History: 1962, Act 174, Eff. Jan. 1, 1964