§2-1215. 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. [PL 1991, c. 805, §4 (NEW).]
(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.
SECTION HISTORY
PL 1991, c. 805, §4 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Part 2: FORMATION AND CONSTRUCTION OF LEASE CONTRACT
11 §2-1202. Final written expression; parol or extrinsic evidence
11 §2-1204. Formation in general
11 §2-1206. Offer and acceptance in formation of lease contract
11 §2-1207. Course of performance or practical construction (REPEALED)
11 §2-1208. Modification, rescission and waiver
11 §2-1209. Lessee under finance lease as beneficiary of supply contract
11 §2-1210. Express warranties
11 §2-1212. Implied warranty of merchantability
11 §2-1213. Implied warranty of fitness for particular purpose
11 §2-1214. Exclusion or modification of warranties
11 §2-1215. Cumulation and conflict of warranties express or implied
11 §2-1216. Third-party beneficiaries of express and implied warranties
11 §2-1218. Insurance and proceeds