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:
(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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