Okla. Stat. tit. 12A § 2-317

Current through Laws 2024, c. 453.

Section 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:

(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.

Okla. Stat. tit. 12A, § 2-317

Laws 1961, p. 82, § 2-317.

Oklahoma Code Comment

There are no previous comparable Oklahoma statutes or decisions on paragraphs (a) and (b). Previous Oklahoma law is in accord with the first part of paragraph (c), Fairbanks, Morse & Co. v. Miller, 80 Okl. 265, 195 P. 1083 (1921), but contra to the exclusion of the warranty of fitness for a particular purpose from the rule. In Goldstein v. Welded Products Co., 196 Okl. 219, 164 P.2d 229 (1946) the purchaser attempted to prove an implied warranty of fitness which was in conflict with the express warranty. The court held this proof inadmissible as in violation of the parol evidence rule. The Commercial Code reverses this decision.