N.C. Gen. Stat. § 25-2-317
Cumulation and conflict of warranties express or implied
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
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:
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:
(1) Exact or technical specifications displace an inconsistent sample or model or general langauge of description.
(1) Exact or technical specifications displace an inconsistent sample or model or general langauge of description.
(2) A sample from an existing bulk displaces inconsistent 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.
(3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
History
(1965, c. 700, s. 1.)
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.