DIY Legal Forms

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Priority Of Warranties

1. Consistent, Cumulative Construction. All warranties made by Seller in this Contract are to be construed to be consistent with one another and shall be considered cumulative.

2. Express Statement or Intent. Where the parties have expressly set out the priority of warranties or have expressed a particular intent concerning construction of the warranties in this Contract, that expression or intention shall prevail.

3. Priority Absent Express Statement or Intent. If the parties have not expressly stated or expressed an intent concerning the priority of warranties or of the descriptions or specifications of the goods, then:

a. An exact or technical specification will prevail over a sample or general descriptive language in a warranty;

b. A sample from existing bulk will prevail over any inconsistent general language of description; and

c. Express warranties will prevail over all inconsistent implied warranties other than the implied warranty of fitness for a particular purpose.