Section 13 of the Sale of Goods Act, 1930 – When condition to be treated as warranty

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Section 13: When condition to be treated as warranty

  • (1) Where a contract of sale is subject to any condition to be 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 treating the contract as repudiated.
  • (2) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, 1*** 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) Nothing in this section shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise.

Source: official text of The Sale of Goods Act, 1930 as published on India Code (PDF). All sections of the Sale of Goods Act, 1930.

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