§ 8.2-317 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:
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
This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 “Acts” aren’t available online.
1964, c. 219.