The conditions and guarantees in a contract for the sale of goods have terms related to the quality, the price and the form of payment. Not all terms are of equal importance. Some of the terms are important and are called conditions, while they are minor and are called warranties. Failure to comply with the conditions may terminate a contract, but breach of warranties may not be as vital.
Express and implicit conditions
The conditions are express when they are inserted voluntarily in the contract by the parties and implicit when the law presumes their existence in the contract automatically. Unless otherwise agreed, the law cooperates in the contract for the sale of goods under the following implied conditions;
· The condition in a sale by description. Buyer specifically describes what he wants
Sample where the buyer gives a sample to the supplier to buy the exact same
· Sample and description. Use both the sample and the description.
Regarding aptitude or quality. The rule according to which the buyer must be aware that, unless he explains to the seller the purpose for which the goods are required, in what cause the buyer will be based on the judgment of the seller. It will be assumed that the seller is familiar with the merchandise.
· The condition of merchantability. Products must be in salable condition according to market standards. The condition is implicit only when the sale is by description. The commercial quality must be that the good must be reasonable according to the description by which it is known in the market.
The right to sell.
Implied warranties
The guarantees, as seen above, are not as vital when they are breached. The following are the rules governing warranties;
The silent possession guarantee is when once you have acquired an asset you have the right to enjoy it without interference.
The guarantee of freedom from liens is where whatever good you have brought, no one else has a bond over those goods.
Guarantee of disclosure of the dangerous nature of the goods to the ignorant buyer, i.e. pesticides. The seller must inform you of the dangers of such products.
The caveat emptor doctrine means that the buyer must be careful. It implies that it is the buyer’s duty to be careful when buying goods for his needs and that, in the absence of consultation by the buyer, the seller is not obliged to disclose any defect in the goods of which he has knowledge.
Conclusion on conditions and guarantees
As seen above, conditions and guarantees are important in business and one must be able to know the rules that govern them and their conditions.
