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South Carolina · Through 2025 Session of the General Assembly

S.C. Code Ann. § 36-2-317: Cumulation and conflict of warranties express or implied.

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Where this section sits in the code
  1. Title 36 - COMMERCIAL CODE
  2. CHAPTER 2 Commercial Code—Sales
  3. Part 3 General Obligation and Construction of Contract

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 displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

Collected 2026-09-02T07:08:04Z. Source file · JSON

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