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A contract of sales and goods has certain terms and stipulations in it which may be classified as conditions and warranties.

Conditions: - The stipulations which are making by parties and are essential in nature are conditions. Stipulations which may be intended to be of a fundamental nature e.g. quality of the goods, therefore, will be regarded as a breach of contract. The condition helps to treat contract as repudiated. If there is a breach of a condition, party can repudiate the contract and the contract will fail. There are two types of conditions: - (a) Implied condition (b) Express condition.

Features of Condition: -

1. Condition is a stipulation.

2. This stipulation which is a condition is important for the main purpose of the contract of sale.

3. Title of goods cannot be transferred unless conditions are not satisfied.

4. A breach of condition can be treated as a breach of warranty.

5. The breach of a condition can repudiate the contract.

Warranties: - Those stipulations which do not go to the substance of contract are warranties. They are of a subsidiary character e.g. time of payment or repairing of a product, so that a breach of such terms will not put an end to the contract but will make the part committing the breach and they will liable of damages.

Features of warranty: -

1. Warranty is also a stipulation.

2. It is consider as a very basis of a contract of sale.

3. Title of goods can be transferred whether warranty is satisfied or not.

4. The party can claim the damage for breach of warranty.

5. A breach of warranty does not give right to reject the goods and repudiate the contract.

By: Shivani Awasthi (FullFry)