Express Condition
The meaning of this condition can be understood as that condition that must be put by the parties present in the agreement of the sale of goods. These conditions are essential for the enforceability of the contract and the conditions are incorporated into the contract on the approval of both parties. These conditions need to be fulfilled otherwise, the other party has the right to seek compensation for the loss availed.
For example, in case A wants to purchase a bike from B, the condition that A has put forward is that he wants the bike before a certain date. In this case, the delivery of the bike before that day is a condition in the sale of goods agreement and, it must be fulfilled by B to make this transaction. If B fails to deliver the bike before the stipulated day, then A can deny to purchase of the bike. Further, A has also the right to seek compensation if A has paid any advance amount to B.
Conditions under Sale of Goods Act, 1930
In the fast-paced economy, trade and commerce are flourishing extensively and people are buying products and services. The Sale of Goods Act 1930, governs the sale of any product and services in our country. The provisions of these acts were previously covered by the Indian Contract Act, 1872 but because of a huge number of transactions of sales, a separate act was necessary. Both these acts are correlated and any contract under the Sale of Goods Act, 1930 has some essential element of the Indian Contract Act, 1872.
In case any customer is buying any product, they must know the terms and conditions regarding these products. These things will benefit the customer after the purchase of the product if the product is faulty. The seller or the manufacturer of the product provides warranty and conditions to the product and the customer can take the benefit of the warranty if he/she has fulfilled the conditions given with the product. These conditions are mainly provided in the case of any electronic gadgets, the seller has mentioned all the conditions regarding the usage of the product. If in case the buyer has violated any conditions of the usages, then the seller is not liable to provide him/her any benefits.
Geeky Takeaways:
- The Sale of Goods Act 1930, governs the sale of any product and services in our country.
- Condition is an essential requirement for the foundation of every contract.
- Either party can take the benefit of the same in case of breach of the terms given at the time of the sale.
- In contract law, warranty and condition are related to certain provisions that comprise a sales agreement.
- Condition protects the rights of both seller and buyer in a sale of goods agreement.
Table of Content
- What is Condition?
- Types of Condition
- 1. Express Condition
- 2. Implied Condition
- Conclusion
- Frequently Asked Questions (FAQs)