Alabama Statutes
§ 7-2A-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:
(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.
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Legislative History
(Acts 1992, 2nd Ex. Sess., No. 92-700, p. 92, §215.)
Nearby Sections
15
§ 7-1-101
Short Titles§ 7-1-102
Scope of Article§ 7-1-104
Construction Against Implied Repeal§ 7-1-105
Severability§ 7-1-106
Use of Singular and Plural; Gender§ 7-1-107
Section Captions§ 7-1-109
Section Captions§ 7-1-201
General Definitions§ 7-1-202
Notice; Knowledge§ 7-1-204
Value§ 7-1-205
Reasonable Time; Seasonableness§ 7-1-206
Presumptions