Texas Business & Commerce Code - Section 2.317. Cumulation And Conflict Of Warranties Express Or Implied

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§ 2.317. CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR 
IMPLIED.  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.

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

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Last modified: August 10, 2007