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California Commercial Code Section 2317

Legal Research Home > California Lawyer > Commercial Code > California Commercial Code Section 2317

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 displaced inconsistent implied warranties
other than an implied warranty of fitness for a particular purpose.

Last modified: January 12, 2009