(1) Subject to subsection (2) of this Code section there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and
(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
(2) A warranty under subsection (1) of this Code section will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.
(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
Section: Previous 11-2-305 11-2-306 11-2-307 11-2-308 11-2-309 11-2-310 11-2-311 11-2-312 11-2-313 11-2-314 11-2-315 11-2-316 11-2-317 11-2-318 11-2-319 NextLast modified: October 14, 2016