Warranties, 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:

1. (1) Exact or technical specifications displace an inconsistent sample or model or general language of description.
2. (2) A sample from an existing bulk displaces inconsistent general language of description.
3. (3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

Uniform Commercial Code Comment

Definitional Cross Reference: “Party”. Section 1-201(29).

Uniform Statutory Source:Section 2-317.

History

July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830

Prior Codifications

1981 Ed., § 28:2A-215.