Colorado Code
Part 3 - General Obligation and Construction of Contract
§ 4-2-317. Cumulation and Conflict of Warranties Express or Implied

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:



Source: L. 65: p. 1312, § 1. C.R.S. 1963: § 155-2-317.
Prior Uniform Statutory Provision: On cumulation of warranties see Sections 14, 15, and 16, Uniform Sales Act.
Changes: Completely rewritten into one section.
Purposes of Changes:



This Article thus follows the general policy of the Uniform Sales Act except that in case of the sale of an article by its patent or trade name the elimination of the warranty of fitness depends solely on whether the buyer has relied on the seller's skill and judgment; the use of the patent or trade name is but one factor in making this determination.
Cross Reference:
Point 1: Section 4-2-315.
Definitional Cross Reference:
"Party". Section 4-1-201.

Structure Colorado Code