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. [1961 c.726 §72.3170]
Section: Previous 72.3100 72.3110 72.3120 72.3130 72.3140 72.3150 72.3160 72.3170 72.3180 72.3190 72.3200 72.3210 72.3220 72.3230 72.3240 NextLast modified: August 7, 2008