§ 41-02-29 — (2-312) Warranty of title and against infringement - Buyer's obligation against infringement

North Dakota § 41-02-29

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-02: Sales

Text

against infringement.
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 the person selling or that the person selling is purporting to sell only
such right or title as the person selling 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.