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Conditions of Sale of Goods


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Conditions of Sale of Goods

When it comes to sale of goods, there are multiple factors that need to be focused on. While working with warranties, you will find two different conditions to focus on, the first being express conditions and warranties and the second being implied conditions and warranties.

No matter what contract of sale you are into, one thing that you will find common is the implied condition. However, there is an unexceptional condition to this as well. To be more specific, under dire conditions like different intentions the implied condition may not work. If you are making a sale, you have every possible right to sell a good. On the flip side, if you are into an agreement of sell, then you have every possible right to sell your goods at your convenient time.

Now, when you hear the word “right to sell”, it does not necessarily imply that that the seller only has the right the right to sell. But then, it also implies that he has the right to transfer the property as well. However, this sort of a step has an adverse effect as well. More specifically, in case you as a seller are found to be guilty, the seller too has every possible right to reject your goods.

A contract may also revolve around the description conditions. To be more specific, in case of such a situation, you come by an implied condition wherein each and every goods has its own description. The phrase “sale by description” revolves around various situations including:

  • Conditions wherein the person you are making a sale to has not seen the goods by himself. Instead he only buys the products based the description you have provided him.
  • Conditions wherein the buyer has seen the products and counts on the same. But then, at a later stage he finds out that whatever was stated to him or more commonly the difference of the goods from its description is in no way apparent.
  • It is often observed that goods package also turns out to be an essential component of the description. The buyer can cancel his plan of purchasing the goods in case he finds that the packaging is not up to the mark.

This isn’t all, you may also come by situations when the buyer informs the seller the specific reason for which he needs the goods. This shows that the buyer counts on the seller’s judgment or skill. There may be condition wherein the goods delivered are not fit for the purpose of the buyer.

There are also situations wherein the goods are purchased by description from any seller, who specifically deals with goods of that specific description. During such cases you will come by an implied condition. If you are selling eatable items then this is also a situation of implied condition. In such cases the goods are wholesome. Therefore, the provisions should in all ways be corresponding with their descriptions. Some of the other conditions that needs to be focused on are custom or trade usage, sale by sample and sale by sample as well as by description.

Related Topics:

  • Sale of Goods Act

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