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Texas Business & Commerce Code

§ 2.317 — CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED

BC § 2.317Title 1. UNIFORM COMMERCIAL CODE · Ch. 2. SALES · Art. C. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

Statute text

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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:
(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.

Legislative history

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.

Source: Texas Business & Commerce Code § 2.317 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.