554.2317  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.

Section History: Early form

  [C24, 27, 31, 35, 39, § 9943-9945; C46, 50, 54, 58, 62, § 554.15-554.17; C66, 71, 73, 75, 77, 79, 81, § 554.2317]


Previous Section 554.2316

Next Section 554.2318


Return To Home index


© 1999 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 18 15:00:31 CST 1999
URL: /DOCS/IACODE/1999/554/2317.html
jhf