Warranties

It is a stipulation secondary to the main purpose of the contract, the breach of which gives rise to
claim damage only

It can be defined in Wallis v. Pratt as an "obligation which, though it must be performed, is not
so vital that a failure to perform it goes to the substance of the contract." If there is a breach of a
warranty, the aggrieved party can only claim damages and it has no right to treat the contract as
repudiated

Whether a stipulation in a contract of sale is a condition or a warranty depends in each case on

the construction of the contract as a whole. The Court is not to be guided by the terminology
used by the parties to the contract. A stipulation may be a condition though called a warranty in
the contract (Sec. 12 (4)].

Example Ajay made a contract to purchase a bike with Buvi and made a condition that the bike
must give the mileage of 65km after the sale of bike to Ajay if the bike gives 60km A cannot
reject the contract he can claim damage only

Implied Warranties
Most consumer purchases are covered by a warranty, even when it is not explicitly stated as such. The
two main types are express and implied warranties. An express warranty is one that is clearly stated (or
"expressed") either verbally or in writing, while an implied warranty automatically covers most
consumer goods valued over a certain amount, but only provides a base level of protection for
consumers

Implied Warranty of Merchantability

Just about every consumer product purchase comes with an implied warranty of merchantability, which
means it is guaranteed to work if used for its intended purpose. If you buy a blender that simply doesn't
work, then you have the right to take it back for an exchange or. This also applies to use items, with the
extra disclaimer that it will work as intended, given its condition at the time of resale.

The standards for merchantability are relatively low, basically guaranteeing that goods sold will do what
they are supposed to do; have nothing significantly wrong with them; and are fit to be sold.

 Article 2 of the Uniform Commercial Code (UCC) dictates that items are "merchantable" if they
meet the following criteria:
 Must conform to the standards of the trade as applicable to the contract for sale
 Must be fit for the purposes such goods are ordinarily used, even if the buyer ordered them for
use otherwise
 They must be uniform as to quality and quantity, within tolerances of the contract for sale
 They must be packed and labeled per the contract for sale
 They must meet the specifications on the package labels, even if not so specified by the contract
for sale
Implied Warranty of Fitness

Some purchases come with what is called an implied warranty of fitness. This means that a product is
guaranteed for a specific purpose, beyond the lower threshold of merchantability. So if you asked a
salesperson to recommend a blender specifically for making frozen cocktails, but the one that's
recommended turns out to not have enough power to crush ice cubes, then you may return the item
under its implied warranty of fitness.

That means sales of consumer goods that work perfectly fine, just not for the customer's planned and
stated use, may breach an implied warranty of fitness. The warranty usually is implied through the
salesperson's assurance or recommendation of an item for a specific purpose.

Items Sold 'As Is'

Retailers sometimes mark items with the words "sold as is" or "with all faults" in an effort to disclaim an
Implied Warranties

Differences in State Laws

Since implied warranties are by definition unwritten, they are not covered by federal law (which covers
all written and verbal warranties). However, most state laws require four years of coverage under an
implied warranty. Some states only require implied warranties to last as long as any express warranty
that also came with the purchase.

Other states limit the ability of merchants to disclaim any such implied warranty, including Maryland.
Disclaimers such as "sold as is" have no legal bearing on transactions in the state, which means
customers may always return items that meet the criteria of "merchantability." The one exception in
Maryland is an automobile more than six years old and with more than 60,000 miles.

Express Warranties

An express warranty can take several different forms, whether spoken or written, and is basically a
guarantee that the product will meet a certain level of quality and reliability. If the product fails in this
regard, the manufacturer will fix or replace the product for no additional charge. Many such warranties
are printed on a product's packaging or made available as an option.

A verbal express warranty may be as simple as a car dealer telling a customer, "I guarantee that this
engine will last another 100,000 miles." If the car fails to live up to this claim, the buyer may take it up
with the seller (although proving the existence of a verbal warranty is very difficult).

Other warranties may be expressed in writing but do not necessarily look like traditional warranties. For
example, a light bulb manufacturer prints the words "lasts 15,000 hours" on its packaging. The words
"guaranteed" or "warranty" do not appear, but this claim nevertheless is an express warranty.