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This entry was published on 2014-09-22
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Cumulation and Conflict of Warranties Express or Implied
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 3
Section 2--317. Cumulation and Conflict of Warranties Express or


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.