30-2-317. 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:
(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: En. Sec. 2-317, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-317.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
Part 3. General Obligation and Construction of Contract
30-2-301. General obligations of parties
30-2-302. Unconscionable contract or clause
30-2-303. Allocation or division of risks
30-2-304. Price payable in money, goods, realty, or otherwise
30-2-306. Output, requirements and exclusive dealings
30-2-307. Delivery in single lot or several lots
30-2-308. Absence of specified place for delivery
30-2-309. Absence of specific time provisions -- notice of termination
30-2-310. Open time for payment or running of credit -- authority to ship under reservation
30-2-311. Options and cooperation respecting performance
30-2-312. Warranty of title and against infringement -- buyer's obligation against infringement
30-2-313. Express warranties by affirmation, promise, description, sample
30-2-314. Implied warranty -- merchantability -- usage of trade
30-2-315. Implied warranty -- fitness for particular purpose
30-2-316. Exclusion or modification of warranties
30-2-317. Cumulation and conflict of warranties express or implied
30-2-318. Third-party beneficiaries of warranties express or implied
30-2-319. F.O.B. and F.A.S. terms
30-2-320. C.I.F. and C.&F. terms
30-2-323. Form of bill of lading required in overseas shipment -- "overseas"
30-2-324. "No arrival, no sale" term
30-2-325. "Letter of credit" term -- "confirmed credit"
30-2-326. Sale on approval and sale or return -- rights of creditors
30-2-327. Special incidents of sale on approval and sale or return