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·Title 41 Uniform Commercial Code·Ch. 41-02 Sales

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

North Dakota § 41-02-34 ((2-317) Cumulation and conflict of warranties express or implied) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.