Section 13 of SOGA : Section 13: When Condition To Be Treated As Warranty

SOGA

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Explanation using Example

Imagine you purchase a new smartphone online, with the condition that it comes with a one-year manufacturer's warranty. When you receive the phone, you discover that the warranty card is missing. Under Section 13(1) of the Sale of Goods Act, 1930, you have the option to either waive the condition (ignore the missing warranty card) or consider the absence of the warranty as a breach of warranty, not as a reason to reject the entire phone and the contract. However, you cannot reject the phone and cancel the contract based on this alone.

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