§2A-215. Cumulation and conflict of warranties express or implied

Link to law: http://legislature.vermont.gov/statutes/section/09A/002A/00215
Published: 2015

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Uniform Commercial Code






2A-215. Cumulation and conflict of warranties express or implied


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:

(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 displace inconsistent implied warranties other than an implied

warranty of fitness for a particular purpose. (Added 1993, No. 158 (Adj.

Sess.), § 10, eff. Jan. 1, 1995.)