Conditions and warranty of the Goods

Under the section 12 of the Sales of Goods Act 1930 the following conditions and warranty applies on the sales of goods.

(1) A stipulation in contract of sale with reference to goods which are the subject thereof may be a condition of a warranty.

(2) A condition is a stipulation essential to the main purpose of the contract the breach of which gives rise to the right to treat the contract as repudiated.

(3) A warranty is a stipulation collateral to the main purpose of the contract the breach of which gives rise to a claim for damages but not t a right to reject the goods and treat the contract as repudiated.

(4) Whether a stipulation is a contract of sale is condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract.

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