70A-2-317 - Cumulation and conflict of warranties express or implied.
70A-2-317. Cumulation and conflict of warranties express or implied.
Warranties whether express or implied shall be construed as consistent with each otherand as cumulative, but if such construction is unreasonable the intention of the parties shalldetermine which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or generallanguage 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 impliedwarranty of fitness for a particular purpose.
Enacted by Chapter 154, 1965 General Session