Mich. Comp. Laws » Michigan Compiled Laws / Chapter 440 / Act 174 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 440.2317 (2026)

Warranties; cumulation and conflict.

✓ current as of July 2026
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UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.2317 Warranties; cumulation and conflict.

Sec. 2317.

    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.

History: 1962, Act 174, Eff. Jan. 1, 1964

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2013–2021 · leading case: Gorman v. Am. Honda Motor Co., 839 N.W.2d 223 (Mich. Ct. App. 2013).
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Gorman v. Am. Honda Motor Co., 839 N.W.2d 223 (Mich. Ct. App. 2013). “2 MCL 440.2317(c). Also, 15 USC 2308(a) generally precludes a “supplier” from disclaiming or modifying an implied warranty if the supplier provides any written warranty or enters into a service contract with the consumer.”
Babatunde Sadare v. Zeigler Motors-Grandville LLC (Mich. Ct. App. 2021). “In this case, Zeigler sold plaintiff his vehicle with an express warranty that it would repair or replace “such parts as shall be actually defective and adjustments necessitated by such replacement or repair.” As such, this express warranty controls over the implied warranty of…”
— Mich. Comp. Laws § 440.2317(c) — 2 cases
Gorman v. Am. Honda Motor Co., 839 N.W.2d 223 (Mich. Ct. App. 2013). “2 MCL 440.2317(c). Also, 15 USC 2308(a) generally precludes a “supplier” from disclaiming or modifying an implied warranty if the supplier provides any written warranty or enters into a service contract with the consumer.”
Babatunde Sadare v. Zeigler Motors-Grandville LLC (Mich. Ct. App. 2021). “In this case, Zeigler sold plaintiff his vehicle with an express warranty that it would repair or replace “such parts as shall be actually defective and adjustments necessitated by such replacement or repair.” As such, this express warranty controls over the implied warranty of…”
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