70A-2a-215. Cumulation and conflict of warranties express or implied.
Warranties, whether express or implied, must be construed as consistent with each other
and as cumulative, but if that construction is unreasonable, the intention of the parties determines
which warranty is dominant. In ascertaining that intention the following rules apply:
(1) Exact or technical specifications displace an inconsistent sample or model or general
language of description.
(2) A sample from an existing bulk displaces inconsistent general language of
description.
(3) Express warranties displace inconsistent implied warranties other than an implied
warranty of fitness for a particular purpose.
Enacted by Chapter 197, 1990 General Session
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Last revised: Thursday, May 28, 2009