TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 2

UNIFORM COMMERCIAL CODE — SALES

PART 3.

GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

28-2-317.  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.

History:

[28-2-317, added 1967, ch. 161, sec. 2-317, p. 351.]