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.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
1981 Ed., § 28:2A-215.
Uniform Statutory Source:Section 2-317.
Definitional Cross Reference: “Party”. Section 1-201(29).
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Part II - Formation and Construction of Lease Contract
§ 28:2A–201. Statute of frauds
§ 28:2A–202. Final written expression: parol or extrinsic evidence
§ 28:2A–203. Seals inoperative
§ 28:2A–204. Formation in general
§ 28:2A–206. Offer and acceptance in formation of lease contract
§ 28:2A–207. Course of performance or practical construction
§ 28:2A–208. Modification, rescission, and waiver
§ 28:2A–209. Lessee under finance lease as beneficiary of supply contract
§ 28:2A–210. Express warranties
§ 28:2A–212. Implied warranty of merchantability
§ 28:2A–213. Implied warranty of fitness for particular purpose
§ 28:2A–214. Exclusion or modification of warranties
§ 28:2A–215. Cumulation and conflict of warranties express or implied
§ 28:2A–216. Third party beneficiaries of express and implied warranties
§ 28:2A–218. Insurance and proceeds