28-12-215. 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:
[28-12-215, added 1993, ch. 287, sec. 1, p. 988.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 12 - UNIFORM COMMERCIAL CODE — LEASES
Part 2 - FORMATION AND CONSTRUCTION OF LEASE CONTRACT
Section 28-12-201 - STATUTE OF FRAUDS.
Section 28-12-202 - FINAL WRITTEN EXPRESSION — PAROL OR EXTRINSIC EVIDENCE.
Section 28-12-203 - SEALS INOPERATIVE.
Section 28-12-204 - FORMATION IN GENERAL.
Section 28-12-205 - FIRM OFFERS.
Section 28-12-206 - OFFER AND ACCEPTANCE IN FORMATION OF LEASE CONTRACT.
Section 28-12-208 - MODIFICATION, RESCISSION AND WAIVER.
Section 28-12-209 - LESSEE UNDER FINANCE LEASE AS BENEFICIARY OF SUPPLY CONTRACT.
Section 28-12-210 - EXPRESS WARRANTIES.
Section 28-12-212 - IMPLIED WARRANTY OF MERCHANTABILITY.
Section 28-12-213 - IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Section 28-12-214 - EXCLUSION OR MODIFICATION OF WARRANTIES.
Section 28-12-215 - CUMULATION AND CONFLICT OF WARRANTIES EXPRESS OR IMPLIED.
Section 28-12-216 - THIRD-PARTY BENEFICIARIES OF EXPRESS AND IMPLIED WARRANTIES.
Section 28-12-217 - IDENTIFICATION.
Section 28-12-218 - INSURANCE AND PROCEEDS.
Section 28-12-219 - RISK OF LOSS.