(810 ILCS 5/2A-215) (from Ch. 26, par. 2A-215)
Sec. 2A-215.
Cumulation and conflict of warranties express or implied.
Warranties, whether express or implied, must be construed as
consistent with each other and as cumulative, but if that
construction is unreasonable, the intention of the parties
determines 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.
|
|
(Source: P.A. 87-493.)
|