400.2-317. Cumulation and conflict of warranties express or implied. - Missouri Statutes

Cumulation and conflict of warranties express or implied.

400.2-317. Warranties whether express or implied shall beconstrued as consistent with each other and as cumulative, but ifsuch construction is unreasonable the intention of the partiesshall determine which warranty is dominant. In ascertaining thatintention the following rules apply:

(a) Exact or technical specifications displace aninconsistent sample or model or general language of description.

(b) A sample from an existing bulk displaces inconsistentgeneral language of description.

(c) Express warranties displace inconsistent impliedwarranties other than an implied warranty of fitness for aparticular purpose.

(L. 1963 p. 503 § 2-317)