North Dakota § 41-02-34 (2-317) Cumulation and conflict of warranties express or implied

North Dakota Statutes

§ 41-02-34 — (2-317) Cumulation and conflict of warranties express or implied

North Dakota § 41-02-34

Title 41Uniform Commercial Code

Ch. 41-02Sales

This text of North Dakota § 41-02-34 ((2-317) Cumulation and conflict of warranties express or implied) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-02-34 (2026).

Text

Warranties whether express or implied shall be construed as consistent with each other 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:

1.Exact or technical specifications displace an inconsistent sample or model or general language of description.

2.A sample from an existing bulk displaces inconsistent general language of description.

3.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 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:
1. Exact or technical specifications displace an inconsistent sample or model or general
language of description.
2. A sample from an existing bulk displaces inconsistent general language of description.
3. Express warranties displace inconsistent implied warranties other than an implied
warranty of fitness for a particular purpose.