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Texas Codes

Tex. Bus. & Com. Code § 2.317 (2026)

Cumulation And Conflict Of Warranties Express Or Implied

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Sec. 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:

(1) Exact or technical specifications displace an inconsistent sample or model or general language of description.

(2) A sample from an existing bulk displaces inconsistent general language of description.

(3) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.

Notes of Decisions
Cited in 1 case, 1987–1987 · leading case: Munoz v. Gulf Oil Co., 732 S.W.2d 62 (Tex. App. 1987).
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Munoz v. Gulf Oil Co., 732 S.W.2d 62 (Tex. App. 1987). “Tex.Bus.Com. Code Ann. § 2.317(3). Affidavits presented by each of the appellees conclusively prove that ethyl mercaptan is the best malodo-rant available and that the propane had been injected with a greater quantity of ethyl mercaptan than contractually required.”
Tex. Bus. & Com. Code § 2.317(3): 1 case
Munoz v. Gulf Oil Co., 732 S.W.2d 62 (Tex. App. 1987). “Tex.Bus.Com. Code Ann. § 2.317(3). Affidavits presented by each of the appellees conclusively prove that ethyl mercaptan is the best malodo-rant available and that the propane had been injected with a greater quantity of ethyl mercaptan than contractually required.”
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