Georgia § 11-2-317 - Cumulation and conflict of warranties express or implied.

§ 11-2-317. 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: Exact or technical specifications displace an inconsistent sample or model or general language of description. A sample from an existing bulk displaces inconsistent general language of description. Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. (Code 1933, § 109A-2 - 317, enacted by Ga. L. 1962, p. 156, § 1.) Law reviews. - For article, "Sales Warranties Under Georgia's Uniform Commercial Code," see 1 Ga. St. B.J. 191 (1964). For article discussing interpretation of warranties under the Uniform Commercial Code, see 4 Ga. L. Rev. 469 (1970). For article, "Products Liability Law in Georgia: Is Change Coming?" see 10 Ga. St. B.J. 353 (1974). For article explaining the Unfair Trade Practices and Consumer Protection Act, proposed in Georgia in 1973, see 10 Ga. St. B.J. 409 (1974). For article, "Products Liability Law in Georgia Including Recent Developments," see 43 Mercer L. Rev. 27 (1991).