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ORS 72.3170

Known as the Uniform Commercial Code

The act spans §§ 72–72 (125 sections).

Applied in 2 court decisions — leading case 64 Or. App. 833 - Frazier v. Consolidated Equipment Sales, Inc. (1983)

Most recently applied in 69 Or. App. 295 - Barton v. Tra-Mo, Inc. (July 1984)

1961 c.726 §72.3170

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 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.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.