South Dakota § 57A-2-317 Cumulation and conflict of warranties express or implied.

South Dakota Statutes

§ 57A-2-317 — Cumulation and conflict of warranties express or implied.

South Dakota § 57A-2-317

Title 57AUNIFORM COMMERCIAL CODE

Ch. 57ASALES

This text of South Dakota § 57A-2-317 (Cumulation and conflict of warranties express or implied.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 57A-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.

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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.