Section 13

In plain English

The buyer may waive a condition the seller must meet, or treat its breach as a warranty breach. Each contract's reading decides whether a term is a condition or a warranty. Once the buyer accepts the goods under a contract that cannot be split, a breached condition counts only as a warranty breach, unless the contract says otherwise.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

Where a contract of sale is subject to a condition to be fulfilled by the seller, the buyer may waive the condition, or may elect to treat the breach of the condition as a breach of warranty and not, as a ground for treating the contract as repudiated.

(2)

Whether a stipulation in a contract of sale is a condition, the breach of which may give rise to a right to treat the contract as repudiated, or a warranty, the breach of which may give rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated, depends in each case on the construction of the contract; and a stipulation may be a condition, though called a warranty in the contract.

When conditionto be treated as warranty 1999

Sale of Goods

Implied terms about title etc.

(3)

Where a contract of sale is not severable and the buyer has accepted the goods or part of them, the breach of a condition to be fulfilled by the seller can only be treated as a breach of warranty, and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is an express or implied term of the contract to that effect.

(4)

Nothing in this section affects a condition or warranty whose fulfilment is excused by law by reason of impossibility or otherwise.

Report

Read on from s 14

Part III

Effects of the Contract

Read on from Part III

Part IV

Performance of the Contract

Read on from Part IV

Part V

Rights of Unpaid Seller Against the Goods

Read on from Part V

Part VI

Read on from Part VI

Part VII

Supplement Ary

Read on from Part VII