California Commercial Code

§ 2317

COM § 2317Div. 2 · Ch. 3

Statute 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.

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Legislative history

Enacted by Stats. 1963, Ch. 819.