Conditions and warranties (Sections 11-25 & 62, 63)

All of us who have purchased electronic gadgets or other devices of a similar nature inquire about the lengths of the warranties. Depending on the circumstances, you could have seen that even the warranty is sold separately as a commodity in some instances. But what does the law have to say about it? We will examine the method in which we can define the terms “condition” and “warranty” in this section on the ideas of condition and warranty. Additionally, we will examine the manner in which these terms derive their validity in light of The Sale of Goods Act, which was passed in 1930.

Warranty and conditions

Parties to a sale contract can say certain things about the terms of the deal or the way the business will run. These rules are written into the sale deal and have to do with the thing being sold. These conditions could be conditions or warranties. Sections 11 through 17 of the Act spell out the terms of the guarantee and conditions. The conditions are what the sale contract is all about, and if they are broken, the party who is upset can get their money back.

Conditions (Sections 12 to 15):

1. Section 12 of the contract establishes a condition as a necessary requirement for the primary objective of the agreement. If this condition is violated, the injured party has the right to consider the contract as terminated.
2. According to Section 13, if a contract of sale includes a condition, the party who suffers from a breach of that condition has the option to either reject the goods or consider the contract as terminated.
3. Section 14 outlines criteria for distinguishing between a term being classified as a condition or a warranty. According to the contract, a stipulation can be considered a condition, regardless of whether it is referred to as a warranty, based on the significance given to it by the parties involved.
4. Section 15 grants the injured party the authority to choose whether to waive or consider a breach of condition as a breach of warranty.

Warranties (Sections 12 to 15):

1. Section 12 provides a definition of a warranty as an additional condition that is not central to the main purpose of the contract. If this condition is not met, it allows the injured party to seek compensation for damages, but it does not give them the right to refuse the goods and consider the contract terminated.
2. According to Section 13, if a contract of sale includes a warranty, the party who suffers from a breach of that warranty is only entitled to seek compensation in the form of damages.
3. Section 14 outlines criteria for distinguishing between a term being classified as a condition or a warranty. According to the statement, a stipulation can be considered a warranty, regardless of whether it is referred to as a condition in the contract, based on the significance given to it by the parties involved.
4. Section 15 grants the injured party the authority to choose whether to waive or consider a breach of warranty as a breach of condition.

Sections 16 and 17 talk about implied conditions and warranties.

1. Section 16: It talks about implied conditions that the goods are of a certain quality or can be used for a certain reason. The law says that certain conditions must be present in a sale contract unless they are agreed upon otherwise.
2. The implied promises of title are talked about in Section 17: It makes sure that when two people sign a sale agreement, there is an unstated promise that the seller has the right to sell the goods and that the buyer will have peace of mind with the goods.
3. Sale by Description (Section 15): This section covers sales of things by description, whether on the phone or in writing. According to it, there is an implied condition that the things will match what the seller says they are.
4. Section 17: Sale by Sample: This part of the law applies when goods are sold by sample, even if the majority of the goods don’t match the sample. It says that it is assumed that the quality of the bulk will be the same as the quality of the sample.

What Sections 11–17 of the Sale of Goods Act, 1930, Cover (Section 62): This section makes it clear that Sections 11–17 of the Act only cover contracts for the sale of goods and not any other contracts.

Reasonable time a question of fact: (Section 63)

Where in this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.

Explanations: If a person is found guilty of intentionally and maliciously providing false information and thereby causes an arrest or search to be carried out in accordance with this Act, they will be subject to a prison sentence of up to two years or a fine of up to fifty thousand rupees, or both, depending on the severity of their actions.

Summary:

To sum up, warranties and terms are very important parts of sales contracts. Conditions are necessary conditions that, if broken, let the person who was hurt see the contract as broken. Warranties, on the other hand, are optional conditions that let the person who was hurt sue for damages but not reject the goods. There are also specific rules for sale by description and sale by sample in the Act.

Property Transfer in Goods (Sections 18 through 25):

The Sale of products Act, 1930 covers the transfer of property (ownership) in products in sections 18 through 25. Among the important clauses are:

1. Transfer of Ownership by Agreement: In accordance with the terms of the contract, ownership of the products may be passed from the seller to the buyer by agreement.
2. Particular Items: In the event that particular or determined products are sold, ownership passes to the buyer at the agreed-upon time.
3. Unascertained Goods: At the time of the contract, ownership of goods that are not specific or ascertained passes to the buyer upon as certification and the seller’s performance of any required act to ascertain them.
4. Deliverable State Goods: When goods are in a deliverable state and the seller needs to take action before delivery, ownership passes to the buyer upon completion of that action and buyer’s notification of it.
5. Reservation of Right of Disposal: Until certain requirements are met, such payment of the price, the seller may reserve the right to dispose of the items. In these situations, ownership passes to the buyer upon fulfillment of the requirements.
6. Sale on Approval or Return: When products are given to a customer under an approval or return agreement, the buyer becomes the owner of the items when they indicate their acceptance or approval of them or keep them for an extended period of time without returning them.