Sec. 2A.215. ACCUMULATION 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; and
(3) express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Added by Acts 1993, 73rd Leg., ch. 570, Sec. 1, eff. Sept. 1, 1993.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Subchapter B. Formation and Construction of Lease Contract
Section 2A.201. Statute of Frauds
Section 2A.202. Final Written Expression; Parol or Extrinsic Evidence
Section 2A.203. Seals Inoperative
Section 2A.204. Formation in General
Section 2A.206. Offer and Acceptance in Formation of Lease Contract
Section 2A.208. Modification, Rescission and Waiver
Section 2A.209. Lessee Under Finance Lease as Beneficiary of Supply Contract
Section 2A.210. Express Warranties
Section 2A.212. Implied Warranty of Merchantability
Section 2A.213. Implied Warranty of Fitness for Particular Purpose
Section 2A.214. Exclusion or Modification of Warranties
Section 2A.215. Accumulation and Conflict of Warranties Express or Implied
Section 2A.216. Third-Party Beneficiaries of Express and Implied Warranties
Section 2A.217. Identification
Section 2A.218. Insurance and Proceeds