Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine 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.
History. Acts 1961, No. 185, § 2-317; A.S.A. 1947, § 85-2-317.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-301. General obligation of parties
§ 4-2-302. Unconscionable contract or clause
§ 4-2-303. Allocation or division of risks
§ 4-2-304. Price payable in money, goods, realty, or otherwise
§ 4-2-306. Output, requirements, and exclusive dealings
§ 4-2-307. Delivery in single lot or several lots
§ 4-2-308. Absence of specified place for delivery
§ 4-2-309. Absence of specific time provisions — Notice of termination
§ 4-2-310. Open time for payment or running of credit — Authority to ship under reservation
§ 4-2-311. Options and cooperation respecting performance
§ 4-2-312. Warranty of title and against infringements — Buyer's obligation against infringement
§ 4-2-313. Express warranties by affirmation, promise, description, sample
§ 4-2-314. Implied warranty — Merchantability — Usage of trade
§ 4-2-315. Implied warranty — Fitness for particular purpose
§ 4-2-316. Exclusion or modification of warranties
§ 4-2-317. Cumulation and conflict of warranties express or implied
§ 4-2-318. Third party beneficiaries of warranties express or implied
§ 4-2-319. F.O.B. and F.A.S. terms
§ 4-2-320. C.I.F. and C. & F. terms
§ 4-2-323. Form of bill of lading required in overseas shipment — “Overseas”
§ 4-2-324. “No arrival, no sale” term
§ 4-2-325. “Letter of credit” term — “Confirmed credit”
§ 4-2-326. Sale on approval and sale or return — Rights of creditors
§ 4-2-327. Special incidents of sale on approval and sale or return