Code of Alabama
Ala. Code § 7-2-317 (2026)
Cumulation and Conflict of Warranties Express or Implied.
✓ official Alabama Legislature (ALISON) text, current July 2026
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.
(Acts 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 1
case, 2005–2005 · leading case: Bagley Ex Rel. Bagley v. Creekside Motors, Inc., 913 So. 2d 441 (Ala. 2005).
Bagley Ex Rel. Bagley v. Creekside Motors, Inc., 913 So. 2d 441 (Ala. 2005). “However, we also considered the application of §§ 7-2-316 (5) and 7-2-317 : "Section 7-2-316 (5) states, in pertinent part, that `[n]othing in subsection (2) 13 or subsection (3)(a) or in Section 7-2-317 14 shall be construed so as to limit or exclude the seller's liability for…”
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