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§12A-2-312.
§12A-2-312.
(1) Subject to subsection (2) there is in a contract for sale a
warranty by the seller that
(a) the title conveyed shall be good, and its transfer rightful; and
(b) the goods shall be delivered free from any security interest or
other lien or encumbrance of which the buyer at the time of
contracting has no knowledge.
(2) A warranty under subsection (1) will be excluded or modified only
by specific language or by circumstances which give the buyer reason
to know that the person selling does not claim title in himself or
that he is purporting to sell only such right or title as he or a
third person may have.
(3) Unless otherwise agreed a seller who is a merchant regularly
dealing in goods of the kind warrants that the goods shall be
delivered free of the rightful claim of any third person by way of
infringement or the like but a buyer who furnishes specifications to
the seller must hold the seller harmless against any such claim which
arises out of compliance with the specifications.
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