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 § 26-1-2-317

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 2Sales

This text of Indiana § 26-1-2-317 (Cumulation and conflict of warranties express or implied) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-2-317 (2026).

Text

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.