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. (a) exact or technical specifications displace an inconsistent sample or model or general language of description;
2. (b) a sample from an existing bulk displaces inconsistent general language of description; and

3. (c) express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

   OFFICIAL COMMENTS

4. UCC Official Comments © by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
5. Uniform Statutory Source. — Section 2-317 [55-2-317 NMSA 1978].
6. Definitional Cross Reference. — "Party". Section 1-201(29) [55-1-201 NMSA 1978].

History: 1978 Comp., § 55-2A-215, enacted by Laws 1992, ch. 114, § 31.

ANNOTATIONS

Effective dates. — Laws 1992, ch. 114, § 238 made Laws 1992, ch. 114, § 31 effective July 1, 1992.