Illinois § 2-317 Cumulation and conflict of warranties express or implied

Illinois Statutes

§ 2-317 — Cumulation and conflict of warranties express or implied

Illinois·Topic BUSINESS AND EMPLOYMENT·Ch. 810 COMMERCIAL CODE·Act 810 ILCS 5/ Uniform Commercial Code.·Art. Article 2 - Sales

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.

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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.

Illinois § 2-317 (Cumulation and conflict of warranties express or implied) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.