California · Commercial Code

COM §2317: 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 wa

What this law says, in plain English

Express and implied warranties are interpreted together and as cumulative. If that interpretation is unreasonable, the parties' intent determines which warranty applies.

Read the full statutory text
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: (a) Exact or technical specifications displace an inconsistent sample or model or general language of description. (b) A sample from an existing bulk displaces inconsistent general language of description. (c) Express warranties displaced inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

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