The Conditions and Guarantees in a contract for the sale of goods have terms regarding quality, price, payment method. Not all terms have the same importance. Some of the terms are larger and are called conditions, while some are smaller and are called warranties. The breach of the conditions can terminate a contract but the breach of the guarantees may not be so vital.
Express and implicit conditions
The conditions are express when they are voluntarily included in the contract by the parties and implicit when the law automatically presumes their existence in the contract. Unless otherwise agreed, the law cooperates in the contract of sale of goods on the following implicit conditions;
The condition in a sale by description. The buyer specifically describes what he wants.
Sample where the buyer gives a sample to the supplier to buy the exact same thing
· Sample and description. Use both the sample and the description.
· Regarding suitability or quality. The rule that the buyer should be aware that unless he explains to the seller the purpose for which the goods are required, in which case the buyer will be relying on the seller’s judgment. It will be assumed that the seller is familiar with the merchandise.
The condition of marketability. Goods must be in salable condition to market standard. The condition is implicit only when the sale is by description. The marketable quality must be that good that must be reasonable under the description by which they are known in the market.
The right to sell.
implied warranties
Guarantees, as seen above, are not as vital when they are breached. The following are the rules that govern warranties;
· Guarantee of quiet possession is where once you have acquired a good you have the right to enjoy it without interference.
· Guarantee of freedom from encumbrances is when whatever good you have brought, no one else has seized on those goods.
· Guarantee of disclosure of the dangerous nature of the goods to the ignorant buyer, ie pesticides. The seller must inform you of the dangers of such merchandise.
The caveat emptor doctrine means buyer beware. It implies that it is the buyer’s duty to exercise care when purchasing goods at his request and that, in the absence of investigation by the buyer, the seller is not required to disclose any defects in the goods of which he may be aware.
Conclusion on Conditions and Guarantees
As seen above, conditions and warranties are important in business and one must be able to know the rules that govern them and their conditions.