Conditions & Warranties 🤝
When you buy something, the seller makes certain promises. Some promises are BIG (Condition). Some are small (Warranty).
Why does it matter? Because if a promise is broken, your rights depend on whether it was a Condition or Warranty.
Definition 📖
Condition (Section 12(2)): A vital/essential term of the contract. If broken, you can:
- Reject the goods, AND
- Claim damages.
Warranty (Section 12(3)): A minor/collateral term. If broken, you can:
- Claim damages only.
- Cannot reject goods.
The Difference (Simple Way) 🎯
Condition: The MAIN promise. (e.g., "This is a Honda car"). → Breach: If it's actually a fake Chinese copy, you can return it + claim money.
Warranty: A SIDE promise. (e.g., "The car has leather seats"). → Breach: If seats are fabric, you can claim ₹10,000 for lower value, but you MUST keep the car.
Condition can become Warranty 🔄
When?
- Waiver: Buyer chooses to treat breach of Condition as breach of Warranty (and keeps goods).
- Acceptance: After buyer accepts goods, he cannot reject for breach of Condition. He can only claim damages (as if it was Warranty).
Acceptance happens when:
- Buyer intimates seller that he accepted goods, OR
- Buyer does something inconsistent with seller's ownership (e.g., Modifies the goods), OR
- After lapse of reasonable time, buyer keeps goods without rejecting.
Quiz Time! 🎯
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💡 Final Wisdom: "Condition is the foundation. Break it, and you can demolish the deal. Warranty is the paint. Break it, and you can only ask for a discount!" 🏗️
Next up: Caveat Emptor - Buyer Beware! ⚠️