Register to get FREE access

 Pertinent sections of the U.C.C., and the comments pursuant thereto, lend inferential support to that an implied warranty of fitness is cumulative to and not excluded by the express warranty. Section 2-316(2), with regard to the exclusion or modification of such warranties, states:    . . . To exclude or modify any implied warranty of fitness the exclusion must be a writing and conspicuous. (Emphasis added.) Comment 9 to that section provides in part: The situation in which the buyer gives precise and complete specifications to the seller is not explicitly covered in this section, but this is a frequent circumstance by ...