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Warranty Clauses: Exclusion of Implied C...

Pathak, Akhileshwa...

Technical Note

Warranty Clauses: Exclusion of Implied Conditions and Warranties

Pathak, Akhileshwar

IIMA-STR0460TEC | Published March 17, 2021 | 8 pages Technical Note

Collection: Indian Institute of Management, Ahmedabad

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The law of sale of goods gives the buyer the valuable rights of implied conditions to terminate the contract if the supplied goods are not in conformity with the description, not of merchantable quality or not fit for the stated purpose. The parties, however, are free to oust the implied conditions by exclusion clauses. As the exclusion clauses take away valuable rights, the courts have interpreted them strictly. The courts have insisted that the word "condition" need not necessarily be used but apt and precise words must be used to make the intention to oust the implied condition sufficiently clear.

Implied Conditions and Warranties Ousting of Implied Conditions and Warranties Interpretation of Exclusion Clauses