Chapter III Section 11 to 13 of the Sale of Goods Act, 1930 lay down the Provisions relating to Condition and Warranties. Section 12 of the said Act defines Condition and Warranty. Section 13 of the Sale of Goods Act makes it clear when the condition to be treated as warranty.
Section 12 of the Sale of Goods Act Defines Condition and warranty as follows -
According to Section 12(2) of the Sales of Goods Act, "A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated".
According to Section 12(3) of the Sale of Goods Act, 1930 "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 to a right to reject the goods and treat the contract as repudiated".
See... Distinction between Condition and Warranty
In the following circumstances, a Condition may be Treated as a warranty -
(1) Voluntary waiver -
Where a contract of sale is subject to any condition to the fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for relating the contract as repudiated.
(2) Contract Severable -
Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.
(3) Difference as to Treatment -
Where the aggrieved party has contended with the damages, a breach of condition may be treated as the breach of warranty.
Difference between Sub-Agent and Substituted-Agent
Remedies for Breach of a Contract
Section 12 of the Sale of Goods Act Defines Condition and warranty as follows -
1) Definition of Condition (Section 12(2) of SOGA)-
According to Section 12(2) of the Sales of Goods Act, "A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated".
2) Definition of Warranty (Section 12(3) of SOGA)-
According to Section 12(3) of the Sale of Goods Act, 1930 "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 to a right to reject the goods and treat the contract as repudiated".
See... Distinction between Condition and Warranty
3) When condition to be treated as warranty -
In the following circumstances, a Condition may be Treated as a warranty -
(1) Voluntary waiver -
Where a contract of sale is subject to any condition to the fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for relating the contract as repudiated.
(2) Contract Severable -
Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.
(3) Difference as to Treatment -
Where the aggrieved party has contended with the damages, a breach of condition may be treated as the breach of warranty.
See also...
Difference between Sub-Agent and Substituted-Agent
Remedies for Breach of a Contract
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