Cumulation and conflict of warranties express or implied

K.S.A. 84-2a-215, under SALES.

K.S.A. 84-2a-215

84-2a-215. Cumulation and conflict of warranties express or implied. 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) 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. History: L. 1991, ch. 295, § 24; February 1, 1992. KANSAS COMMENT, 1996 The section addresses the effect of two or more warranties, either express or implied, that are created in the same lease contract. It is essentially identical to section 84-2-317. See 1996 Kansas Comments to 84-2- 317 for further discussion.