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West Virginia · Through as of 2026-08-03; contains at least the enactments of the 2026 Regular Session · Newer source version available

W. Va. Code § 46-2-317: Cumulation and conflict of warranties express or implied.

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Where this section sits in the code
  1. CHAPTER 46. UNIFORM COMMERCIAL CODE.
  2. ARTICLE 2. SALES.

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 2026-09-06T00:29:44Z. Source file · JSON

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