Conditions and warrantiesCentral

Section 13 of The Sale of Goods Act, 1930

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.

Summary

This section describes when a buyer can choose to treat a major condition as a minor warranty.
A buyer has the right to waive a condition or simply claim damages instead of cancelling the whole contract.
If a buyer has already accepted the goods in a contract that cannot be easily split up, they must treat any breach as a warranty.
Once goods are accepted in a non-severable deal, the buyer loses the right to reject them unless the contract specifically says otherwise.
This section does not force anyone to follow a rule if the law excuses it, such as when fulfilling the contract becomes impossible.

Practical examples

1Robert orders 500 high quality leather chairs for his restaurant. The seller delivers 500 plastic chairs instead. Robert could reject them all, but he decides he needs the chairs now, so he keeps them and sues for the difference in value. He has treated a breach of condition as a breach of warranty under Section 13.

2Anjali buys a specialized machine that comes in one piece. After using it for a week, she realizes it doesn't meet a major condition she required. Because the contract is not severable and she has accepted the machine, she can only claim damages and cannot return it under Section 13.

FAQ

1. Can a buyer waive a condition under the Sale of Goods Act Section 13?

Yes, Section 13 of the Sale of Goods Act, 1930 allows a buyer to waive a condition or choose to treat its breach as a breach of warranty.

2. What happens if I accept part of a non-splitable order under Section 13?

If the contract is not severable and you accept the goods, Section 13 of the Sale of Goods Act, 1930 says you can generally only treat a breach as a breach of warranty, not a reason to reject the goods.

3. Does Section 13 of the 1930 Act apply if the contract is impossible to perform?

Section 13 of the Sale of Goods Act, 1930 states that nothing in its provisions affects cases where the law excuses the fulfillment of a condition due to impossibility.

Test yourself

Q1.According to Section 13 of The Sale of Goods Act, 1930, what can a buyer do with a condition?

Q2.Under Section 13 of The Sale of Goods Act, 1930, what is the effect of accepting goods in a non-severable contract?

Q3.Referring back to Section 12, if a buyer elects to treat a breach of condition as a warranty under Section 13 of The Sale of Goods Act, 1930, what is their new remedy?

Q4.Does Section 13 of The Sale of Goods Act, 1930 affect conditions that are excused by law due to impossibility?

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