Indiana § 26-1-2-317 Cumulation and conflict of warranties express or implied

Indiana Statutes

§ 26-1-2-317 — Cumulation and conflict of warranties express or implied

Indiana·Title 26 COMMERCIAL LAW·Art. 1 UNIFORM COMMERCIAL CODE·Ch. 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. Formerly: Acts 1963, c.317, s.2-317.

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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.
Formerly: Acts 1963, c.317, s.2-317.

Indiana § 26-1-2-317 (Cumulation and conflict of warranties express or implied) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.