§ 26-1-2-312 — Warranty of title and against infringement; buyer's obligation against infringement

Indiana § 26-1-2-312

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 2: Sales

Text

(1) Subject to subsection (2) there is in a
contract for sale a warranty by the seller that
(a) the title conveyed shall be good, and its transfer rightful; and
(b) the goods shall be delivered free from any security interest or
other lien or encumbrance of which the buyer at the time of contracting
has no knowledge.
(2) A warranty under subsection (1) will be excluded or modified
only by specific language or by circumstances which give the buyer
reason to know that the person selling does not claim title in himself or
that he is purporting to sell only such right or title as he or a third
person may have.
(3) Unless otherwise agreed a seller who is a merchant regularly
dealing in goods of the kind warrants that the goods shall be delivered
free of the rightful claim of any third person by way of infringement or
the like but a buyer who furnishes specifications to the seller must hold
the seller harmless against any such claim which arises out of
compliance with the specifications.
Formerly: Acts 1963, c.317, s.2-312.