West Virginia § 46-2A-215 Cumulation and conflict of warranties express or implied

West Virginia Statutes

§ 46-2A-215 — Cumulation and conflict of warranties express or implied

West Virginia § 46-2A-215

Ch. 46UNIFORM COMMERCIAL CODE

Art. 2ALEASES

This text of West Virginia § 46-2A-215 (Cumulation and conflict of warranties express or implied) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 46-2A-215 (2026).

Text

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines 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.

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

Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines 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.