Difference between condition and warranty
Introduction
In contract, condition is an act which binds the contractual party to perform a certain act which has been obligated upon the party at the time the contract is signed. For example, let's say that I promise my brother that I'll wash the car if he'll clean my room. This agreement has a condition. I'm not bound to wash the car unless my brother cleans my room. Contracts are common in the business world. A contract is a type of legally binding written or spoken agreement. A valid contract will create a mutual obligation. This means that each of the parties is obligated, or required, to perform a duty under the contract. warranty has various meanings but generally means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen
Definition of warranty
warranty means a guarantee or a promise which provides assurance by seller to buyer that specific facts or conditions are true or will happen
Definition of condition
In contract, condition is an act which binds the contractual party to perform certain act which has been obligated upon the party at the time contract signed
Types of Warranty
Following are the two types of conditions and warranties. Details are as under
Expressed warranty
Under the sale contract, written warranty or express warranty is an agreement between the seller and the buyer according to which the seller is liable to repair or replace the thing which has been sold by the seller.
Implied warranty
The warranties which are applicable automatically by operation of law are called implied warranties. And implied warranties ensure that purchased item is fit for the purpose
Implied warranty of habitability
Implied warranty of habitability is a guarantee that a house is fit for live in
Implied warranty of fitness
This type of warranty provides a guarantee that the product recommended by a salesperson is fit for a particular use for example if ali purchases of blender to crush the ice under the recommendation of seller, and blender does not crush the ice ,buyer will return the item under the implied warranty of fitness
Implied warranty of title
This warranty is implied in which it is not required to be placed in writing, ensuring the buyer that the property will not be stolen, or will not belong to someone else. This ensures to customer that they will not pay twice for an item
Implied warranty of merchantability
An implied warranty of merchantability applies to nearly all purchases as it guarantees that the product will work for its intended purpose. For example, Rob buys a new bulb, but when he plugs it in at home, it does not work. Rob has the right to return the bulb and exchange it for a working one, or receive a refund.
Types of conditions
Following are the two types of conditions and warranties. Details are as under
Expressed condition
These are those conditions which have clearly been defined and agreed by the parties while entering into the contract. And such conditions may be written or spoken
Implied condition
These are those conditions which have not clearly been defined and agreed by the parties while entering into the contract. The conditions which are applicable automatically by operation of law are called implied condition
Difference between conditions & warranty
The following are the major differences between condition and warranty
As to nature
Condition is an obligation in his nature which requires to being fulfilled for completion of contract
Warrant is a surety in nature given by the seller regarding the facts of the goods
Termination of contract
Breach of any condition may result in the termination of contract
Breach of warranty may not result the termination of the contract
Claim for damages
In case of breach of condition, the innocent party has the right to cancel the contract and can claim for damages
In case of breach of warranty, the innocent party only can take legal action against the other party
As to violation
Violation of a condition means violation of warranty too
But violation of warrant is not a violation of condition
As to importance
Condition is an important and integral part of the condition and it directly affects the contract
Warranty is not so important part of the contract as condition and it does not directly affect the contract
Conclusion
At the time of contract of sale, both the buyer and seller define some conditions regarding payment, delivery, quality, quantity, etc. These can be either condition or warranty. Every contract of sale has some implied conditions and warranties. Condition is such a part of contract which needs to be fulfilled by another person so that agreement between the parties may complete. And warrant is surety which assures and protects the buyer rights and enables him to take legal action against the seller if describes facts not prove true of happen