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Texas Business & Commerce Code

§ 2A.215 — ACCUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED

BC § 2A.215Title 1. UNIFORM COMMERCIAL CODE · Ch. 2A. LEASES · Art. B. FORMATION AND CONSTRUCTION OF LEASE CONTRACT

Statute text

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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:
(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; and
(3)express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

Legislative history

Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.

Source: Texas Business & Commerce Code § 2A.215 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.